Bernard v. Frank
Court of Appeals for the Second Circuit
Appeal from and in Error to the Circuit Court of the United States for the Southern District of New York. Suit in equity by Leo Frank and Israel De Keyser against William Bernard, heard on appeal and writ of error by William Bernard, Incorporated, to review an order of the Circuit Court, entered September 22, 1909, holding William Bernard, Incorporated, guilty of contempt of court for making and selling articles in violation of an injunction issued July 25, 1904, and fining…
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Appeal from and in Error to the Circuit Court of the United States for the Southern District of New York. Suit in equity by Leo Frank and Israel De Keyser against William Bernard, heard on appeal and writ of error by William Bernard, Incorporated, to review an order of the Circuit Court, entered September 22, 1909, holding William Bernard, Incorporated, guilty of contempt of court for making and selling articles in violation of an injunction issued July 25, 1904, and fining the said corporation $500, half to the United States and half to the complainants. A petition of appeal filed by the…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts-as above). It is not necessary to add to the extended discussion which every branch of *517this controversy has received. The validity of the patent and its infringement are no longer debatable questions between the complainants and Bernard. The only question is whether the consequences of infringement can be avoided by the formation of the corporation “William Bernard, Incorporated.”
It is true that the corporation is not expressly named as defendant, but it could not have had more direct and explicit notice of the injunction if it had been so named. It was cited by an…
2Cases cited3 opinions
- In Re DebsSupreme Court of the United States · 1895
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
- In Re LennonSupreme Court of the United States · 1897
3Cited by3 opinions
- Alemite Mfg. Corporation v. StaffCourt of Appeals for the Second Circuit · 1930
- E. W. Bliss Co. v. Atlantic Handle Co.District Court, D. Massachusetts · 1913
- Perfection Cooler Co. v. Rotax Co.Court of Appeals for the Second Circuit · 1924