Johnston v. Brass Goods Mfg. Co.
District Court, E.D. New York
In Equity. Suit by George W. Johnston and others against the Brass Goods Manufacturing Company. The bill of complaint alleged infringement of a patent in the manufacture and sale of filters, and also alleged unfair competition in selling the filters in packages alleged to have the same shape, size, color, and printing as those of the complainants.
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In Equity. Suit by George W. Johnston and others against the Brass Goods Manufacturing Company. The bill of complaint alleged infringement of a patent in the manufacture and sale of filters, and also alleged unfair competition in selling the filters in packages alleged to have the same shape, size, color, and printing as those of the complainants. The bill of complaint prayed for an injunction restraining the alleged infringement, and also prayed for an injunction or injunctions restraining the sale of filters of any kind in the types of packages or boxes complained of. Both parties were…
1Opinion of the Court
CHATFIELD, District Judge.
The demurrer must be sustained. Burt et al. v. Smith, 71 Fed. 161, 17 C. C. A. 573, Hutchinson, Pierce & Co. v. Loewy, 163 Fed. 42, 90 C. C. A. 1, and National Casket Co. v. New York & Brooklyn Casket Co. (C. C.) 185 Fed. 533, settle the law in this circuit. As well could infringement and an action for specific performance of contract to sell real estate between the parties to the patent suit be united, on the ground that the court had jurisdiction of the parties. See, also, Cushman v. Atlantis Fountain Pen Co. et al. (C. C.) 164 Fed. 94; Keasbey & Mattison Co. v.…
2Cases cited10 opinions
- Dennison Mfg. Co. v. Thomas Mfg. Co.U.S. Circuit Court for the District of Delaware · 1899
- Hutchinson, Pierce & Co. v. LoewyCourt of Appeals for the Second Circuit · 1908
- Cushman v. Atlantis Fountain Pen Co.U.S. Circuit Court for the District of Massachusetts · 1908
- Jaros Hygienic Underwear Co. v. Fleece Hygienic Underwear Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1894
- C. L. King & Co. v. InlanderU.S. Circuit Court for the Northern District of Illnois · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- Ludwigs v. Payson Mfg. Co.Court of Appeals for the Seventh Circuit · 1913
- Gallardo v. Santini Fertilizer Co.Court of Appeals for the First Circuit · 1926
2 more not listed; retrieve them via the Exa API.