Lehnbeuter v. Holthaus
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The bill, filed by Joseph Lehnbeuter' and Casper Claes, charged Arnold Holthaus and Anton Holthaus with infringing design patent No. 8814 for show-cases, granted to the complainants jointly, and dated Nov. 80, 1875. The answer denied that the complainants were the first inventors of the- design patented; denied its utility, and the alleged infringement.
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The bill, filed by Joseph Lehnbeuter' and Casper Claes, charged Arnold Holthaus and Anton Holthaus with infringing design patent No. 8814 for show-cases, granted to the complainants jointly, and dated Nov. 80, 1875. The answer denied that the complainants were the first inventors of the- design patented; denied its utility, and the alleged infringement. To sustain these denials all the testimony offei p'd by the. defendants was directed. Upon final hearing the court dismissed- the bill, because “ said…
1Opinion of the Court
Mr. Justice Woods,
after stating the case, delivered the opinión of the court.
A comparison of' the drawing which is appended to- patent No.' 8814, with cut No¡ 34 of the Holthaus Circular,- which it is admitted represents show-cases manufactured and sold by the defendants, during and since January, 1877, makes it clear that the latter is a servile copy of the former, excepting a slight inclination backwards, hardly perceptible to the naked eye, of the glass constituting the 'front of the elevated portions of the case; We think, therefore, that the infringement is clearly eátablished.
The…
2Cited by107 opinions
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- Cantrell v. WallickSupreme Court of the United States · 1886
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Mumm v. Jacob E. Decker & SonsSupreme Court of the United States · 1937
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
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