Ashley v. Samuel C. Tatum Co.
U.S. Circuit Court for the District of Southern New York
In Equity. Suit by Frank M. Ashley against the Samuel C. Tatum Company. On final hearing of a bill in equity to enjoin the infringement of design patent No. 37,504 and construction patent No. 829,752. Both patents relate to glass inkwells, and the design patent, though best shown in the drawing, may be described in words as a low square base surmounted by a low dome of diameter somewhat less than a side of the base, with an orifice at the top, in which fits a hard rubber…
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In Equity. Suit by Frank M. Ashley against the Samuel C. Tatum Company. On final hearing of a bill in equity to enjoin the infringement of design patent No. 37,504 and construction patent No. 829,752. Both patents relate to glass inkwells, and the design patent, though best shown in the drawing, may be described in words as a low square base surmounted by a low dome of diameter somewhat less than a side of the base, with an orifice at the top, in which fits a hard rubber inverted cone. The ink is held within the dome and a shallow recess in the base. The well is wholly devoid of any…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). The first question is want of invention. No design had appeared in any way resembling the complainant’s before he designed his inkwell. The parties introduced in evidence 30 or 40 inkwells.to show the, prior art, and neither the combination nor the proportional relation in dimension appears in any one of them. The complainant was the first to conceive of an inkwell with a flat, broad, base surmounted by a low dome. There had been domed inkwells, and square inkwells, and low bases of one material with a low dome fitting into them. / There had been forms of…
2Cases cited3 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Friedberger-Aaron Mfg. Co. v. ChapinU.S. Circuit Court for the District of Eastern Pennsylvania · 1907
- Scofield v. BrowneCourt of Appeals for the Third Circuit · 1907
3Cited by3 opinions
- Ashley v. Samuel C. Tatum Co.District Court, S.D. New York · 1917
- Nebel Knitting Co., Inc. v. Sanson Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1954
- Phœnix Knitting Works v. RichU.S. Circuit Court for the District of Northern Ohio · 1911