Friedberger-Aaron Mfg. Co. v. Chapin
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Suit for infringement of design patent No. 36,895, for trimming for ladies’ underwear, granted to Thomas Kerwin and John McGinley April 26, 1904. On final hearing.
1Opinion of the CourtHolland, J.
The question involved in this suit is whether the design patent No. 36,895, issued April 26, 1904, has been infringed by the trimmings or edgings sold by the defendant, who is a jobber of trimmings.
The subject-matter of the patent in suit is a design for trimming or edging for ladies’ underwear. Trimming for ladies’ underwear consists essentially of the body, the selvedge, and the border. The body comprises by far the major part of the trimming, being the part the purchaser “looks at” in determining similarity or dissimilarity of design. To one edge of the “body” of this lace work is attached…
2Cases cited1 opinion
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
3Cited by4 opinions
- Coca-Cola Co. v. Whistle Co. of AmericaDistrict Court, D. Delaware · 1927
- Try-Me Beverage & Compound Co. v. MetropoleDistrict Court, E.D. South Carolina · 1928
- Ashley v. Samuel C. Tatum Co.U.S. Circuit Court for the District of Southern New York · 1910
- Macbeth-Evans Glass Co. v. Rosenbaum Co.District Court, W.D. Pennsylvania · 1912