Legal Opinion

Capex Co. v. Swartz

Court of Appeals for the Seventh Circuit

Decided February 18, 1948No. 9405PublishedCited by 10 opinions

1Opinion of the Court

LINDLEY, District Judge.

Defendant appeals from a judgment of validity and infringement of design. Patent No. 132,997 granted to Pease July 7, 1942, upon application filed March 2, 1942.

The patentee claimed “The ornamental design for a game board or similar article, as shown.” The drawing discloses a substantially square board on which are depicted ten bowling pins arranged in the usual bowling-alley formation. The area above the pins is colored blue, and that below the pins, red. Around the neck of each pin is a collar of red. On the fronts of the three foremost centrally placed is a pair of…

2Cases cited5 opinions

  1. Zangerle & Peterson Co. v. Venice Furniture Novelty Mfg. Co.Court of Appeals for the Seventh Circuit · 1943
  2. Battery Patents Corp. v. Chicago Cycle Supply Co.Court of Appeals for the Seventh Circuit · 1940
  3. Taylor Instrument Companies v. Fee & Stemwedel, Inc.Court of Appeals for the Seventh Circuit · 1942
  4. Howell Co. v. Royal Metal Mfg. Co.Court of Appeals for the Seventh Circuit · 1937
  5. In re KalterCourt of Customs and Patent Appeals · 1942

3Cited by10 opinions

  1. Philco Corporation v. Admiral CorporationDistrict Court, D. Delaware · 1961
  2. Thabet Manufacturing Company, D.B.A. American Beauty Ventilated Aluminum Awning Company v. Kool Vent Metal Awning Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1955
  3. Associated Plastics Companies, Inc. v. Gits Molding CorporationCourt of Appeals for the Seventh Circuit · 1950
  4. Hopkins v. Waco Products, Inc. Alan's Sales Engineers v. HopkinsCourt of Appeals for the Seventh Circuit · 1953
  5. Joseph H. Spaulding, Dba Whiteway Manufacturing Company v. Guardian Light Company, Inc.Court of Appeals for the Seventh Circuit · 1959

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