Legal Opinion

Dunlap v. Schofield

Supreme Court of the United States

Decided March 5, 1894No. 149PublishedCited by 118 opinions

APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP PENNSYLVANIA. This was a bill in equity, filed May 7,1889, for the infringement of letters patent issued April 2, 1889, for the term of three and a half years, by the United States to Julius Stroheim for a design for rugs.

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APPEAL FROM THE CIRCUIT COURT OP THE UNITED STATES POR THE EASTERN DISTRICT OP PENNSYLVANIA. This was a bill in equity, filed May 7,1889, for the infringement of letters patent issued April 2, 1889, for the term of three and a half years, by the United States to Julius Stroheim for a design for rugs. The bill alleged that the design was new and original; that Stroheim was the original and first inventor thereof; that it was not, at the time of his application for a patent, in public use or on sale with his consent or allowance ; that before the issue of the patent he assigned the invention…

1Opinion of the CourtJustice Gray

By section-4900 of the Revised Statutes, (which by virtue of section 4933 applies to patents for designs,) it is made the duty of every patentee or his assigns, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that it is patented, by putting the word “ patented ” upon it, or upon the package enclosing it; “ and in any suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, except on proof that the defendant was duly notified of the infringement, and continued, after such notice,…

2Cases cited2 opinions

  1. Goodyear v. Providence Rubber Co.U.S. Circuit Court for the District of Rhode Island · 1864
  2. McComb v. BrodieU.S. Circuit Court for the District of Louisiana · 1872

3Cited by118 opinions

  1. Motion Picture Patents Co. v. Universal Film Manufacturing Co.Supreme Court of the United States · 1917
  2. Samuel Gart v. Logitech, Inc.Court of Appeals for the Federal Circuit · 2001
  3. Susan M. Maxwell v. J. Baker, Inc., and Prange Way, Inc.Court of Appeals for the Federal Circuit · 1996
  4. Arctic Cat Inc. v. Bombardier Recreational Products Inc.Court of Appeals for the Federal Circuit · 2017
  5. Coupe v. RoyerSupreme Court of the United States · 1895

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