Marvel Co. v. Pearl
U.S. Circuit Court for the District of Southern New York
Motion for Preliminary Injunction on Design Patent No. 30,023, January 17, 1899, and Mechanical Patent No. 616,963, January 3, 1899.
1Opinion of the Court
LACOMBE, Circuit Judge.
The design patent sued on in this cause is another instance of a perversion of the statute. Patents for designs are intended to apply to matters of ornament, in which the utility depends upon the pleasing effect imparted to the eye, and not upon any new function. Rowe v. Blodgett & Clapp Co. (Nov. 14, 1901) 50 C. C. A. 120, 112 Fed. 61. Syringes of this sort are not bought because of their artistic beauty, but because they are mechanically useful. However, the defendant Tullar Pearl, who is himself the patentee and assignor to the complainant, cannot be heard to assert…
2Cases cited1 opinion
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
3Cited by13 opinions
- Mellor v. CarrollU.S. Circuit Court for the District of Massachusetts · 1905
- Leader Plow Co. v. Bridgewater Plow Co.Court of Appeals for the Fourth Circuit · 1916
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
- Rollman Mfg. Co. v. Universal Hardware WorksDistrict Court, E.D. Pennsylvania · 1913
- Weisgerber v. ClowneyU.S. Circuit Court for the District of New Jersey · 1904
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