Gorham Mfg. Co. v. Weintraub
U.S. Circuit Court for the District of Southern New York
In Equity. Action by the Gorham Manufacturing Company against Frederick Weintraub and another. Heard on exceptions to answer.
1Opinion of the Court
HAZEE, District Judge.
The single question presented by the exceptions is whether the answer is insufficient and impertinent for failure to state the names of prior users of the alleged trade-mark, and who used the design of a lion and an anchor on silverware before the complainant, and what dealers, if any, had so used it. The exceptions must be overruled. These allegations contained in the answer are new matter, and are set up by way of defense, and hence, according to the decisions, are not subject to exception. Bower Barff Rustless Iron Co. v. Wells Rustless Iron Co. (C. C.) 43 Fed. 391.…
2Cases cited2 opinions
- Pennsylvania Co. v. BayU.S. Circuit Court for the Northern District of Illnois · 1905
- Barrett v. Twin City Power Co.U.S. Circuit Court for the District of South Carolina · 1901
3Cited by1 opinion
- American Lava Co. v. United StatesCourt of Customs and Patent Appeals · 1913