Legal Opinion
French v. Foley
District Court, S.D. New York
Decided April 4, 1882PublishedCited by 4 opinions
Motion for a new trial after verdict in an action for a penalty for counterfeiting plaintiff’s patent mark.
1Opinion of the Court
Brown, D. J.
This action was brought to recover the sum of $4,500, penalties, under section 4901 of the Revised Statutes, for affixing on 45 stylographic pens the stamp, “Pat. Mar. 21, ’76, Aug. 12, ’79,” without the consent of the patentees of the patents of those dates. The plaintiff avers that the Mackinnon Pen Company was the owner of the first of said patents, and was the exclusive licensee of the second, which had been issued to Charles H. Downes.
The answer denies that tho defendant affixed such marks to the pens as alleged, or caused them to be manufactured with intent to imitate or…
2Cases cited4 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- United States v. HartwellSupreme Court of the United States · 1868
- United States v. MorrisSupreme Court of the United States · 1840
- Walker v. HawxhurstU.S. Circuit Court for the District of Southern New York · 1867
3Cited by4 opinions
- Ansul Company v. Uniroyal, Inc.District Court, S.D. New York · 1969
- Manker v. ToughSupreme Court of Kansas · 1908
- Allen v. Southern California Ry. Co.U.S. Circuit Court for the District of Southern California · 1895
- Fear v. Horner Sales Corp.District Court, E.D. Pennsylvania · 1950