Legal Opinion
Gold Seal Importers, Inc. v. Westerman-Rosenberg, Inc.
Court of Appeals for the Second Circuit
Decided January 25, 1943No. 154PublishedCited by 16 opinions
1Per curiam
The plaintiff has appealed from a judgment dismissing its complaint with respect to a charge of infringement of Design Patent No. 125,540. By amended answer the defendant set up that the patent had been held invalid by this court in the case of Gold Seal Importers v. Morris White Fashions, 2 Cir., 124 F.2d 141, and moved for judgment on the pleadings. The motion was granted on the ground that the validity of the patent had been decided adversely to the plaintiff in that case. But obviously that decision cannot be pleaded as res judicata in a suit against a different infringer not in privity…
2Cases cited4 opinions
- Smith v. HallSupreme Court of the United States · 1937
- Gold Seal Importers, Inc. v. Morris White Fashions, Inc.Court of Appeals for the Second Circuit · 1941
- Lektophone Corp. v. Miller Bros.District Court, D. Delaware · 1930
- Minerals Separation, Ltd. v. Butte & Superior Copper Co.District Court, D. Montana · 1916
3Cited by16 opinions
- Technograph Printed Circuits, Ltd. v. Methode Electronics, Inc.Court of Appeals for the Seventh Circuit · 1966
- Elie P. Aghnides and Chase Brass and Copper Company, Inc. v. Orloff W. Holden and Marguerite Holden, Doing Business as Knickerbocker Rubber CompanyCourt of Appeals for the Seventh Circuit · 1955
- Technograph Printed Circuits, Ltd. v. United StatesUnited States Court of Claims · 1967
- Tatko Bros. Slate Co., Inc. v. Matthew HannonCourt of Appeals for the Second Circuit · 1959
- Rice v. Glad Hands, Inc.Court of Appeals for the Fifth Circuit · 1985
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