Meccano, Ltd. v. John Wanamaker, New York
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Meccano, Dimited, against John Wanamaker, New York. From an order granting a preliminary injunction, defendant appeals. On motion of complainant for decree on the merits.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Meccano, Dimited, against John Wanamaker, New York. From an order granting a preliminary injunction, defendant appeals. On motion of complainant for decree on the merits. This was a motion for a “decision on the merits of this cause” by this court under the following circumstances: A suit was brought in the District Court for the Southern District of New York for an injunction for infringement of a copyright, and of a patent, and for unfair competition in the manufacture of a…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). We pass the question of practice whether this court, under the doctrine of Mast, Foos & Co. v. Stover Mfg. Co., 177 U. S. 488, 20 Sup. Ct. 708, 44 L. Ed. 856, may enter a decree for the plaintiff upon such an appeal as that now pending. Mast, Foos & Co. v. Stover Mfg. Co., supra, was a case where the bill was dismissed, and no case has so far held that the plaintiff could obtain an affirmative decree. As we think the motion must be denied upon the merits, we leave open the question whether the plaintiff may in any event so terminate the litigation.
We…
2Cases cited3 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Kessler v. EldredSupreme Court of the United States · 1907
- Van Epps v. International Paper Co.U.S. Circuit Court for the District of Northern New York · 1903
3Cited by1 opinion
- Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935