Bush & Lane Piano Co. v. Becker Bros.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Bush & Lane Piano Company against Becker Bros., a corporation. From a decree awarding damages for infringement of a patent, both parties appeal. Cross-appeals from a decree awarding to plaintiff damages for infringement of its design patent, No. 37,501. The patent in suit covers a “design for a piano case.”
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Bush & Lane Piano Company against Becker Bros., a corporation. From a decree awarding damages for infringement of a patent, both parties appeal. Cross-appeals from a decree awarding to plaintiff damages for infringement of its design patent, No. 37,501. The patent in suit covers a “design for a piano case.” Defendant made and sold 958 pianos for 8158,302.95. The factory cost to defendant of that number of pianos was (by its own books) 8113,044, and the expense of marketing, with…
1DissentWard, Circuit Judge
The bill in this case was filed expressly upon the act of February 4, 1887. That act does not apply to all infringements of design patents, but only to such infringements as are willful and deliberate. Such infringements are punished by giving the patentee $250, even if no profits have been made by the defendant on the article manufactured or sold to which the patented design was applied, together with all profits, if any have been made, on the article in excess of that sum. These provisions are penalties, and have been so regarded in Dunlap v. Schofield, 152 U. S. 244, 14 Sup. Ct. 576, 38 L.…
2Cases cited6 opinions
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Dobson v. Hartford Carpet Co.Supreme Court of the United States · 1885
- Lowell Manuf'g Co. v. HoggU.S. Circuit Court for the District of Massachusetts · 1895
- Monroe v. AndersonCourt of Appeals for the Third Circuit · 1893
- Fuller v. FieldCourt of Appeals for the Seventh Circuit · 1897
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