Legal Opinion

Joseph H. Spaulding, Dba Whiteway Manufacturing Company v. Guardian Light Company, Inc.

Court of Appeals for the Seventh Circuit

Decided June 29, 1959No. 12474_1PublishedCited by 12 opinions

1Opinion of the Court

DUFFY, Chief Judge.

This is a suit for the alleged infringement of Design Patent No. D-168,974 granted to Joseph H. Spaulding on March 3, 1953, on a design for a “Fluorescent Lighting Fixture.” The application was filed October 30, 1952. Defendant filed a counterclaim for a declaratory judgment of invalidity and non-inf ringement.

The patent in suit discloses a lighting fixture in the form of a housing for fluorescent lighting equipment. The patent contains four drawings. Fig. 1 shows the inclined sides, the bottom and one end of the fixture; Fig. 2 is a bottom plan view; Fig. 3 is a top plan…

2Cases cited5 opinions

  1. Jungersen v. Ostby & Barton Co.Supreme Court of the United States · 1949
  2. Hueter v. Compco CorporationCourt of Appeals for the Seventh Circuit · 1950
  3. Hopkins v. Waco Products, Inc. Alan's Sales Engineers v. HopkinsCourt of Appeals for the Seventh Circuit · 1953
  4. Capex Co. v. SwartzCourt of Appeals for the Seventh Circuit · 1948
  5. Dixie-Vortex Co. v. Lily-Tulip Cup CorporationCourt of Appeals for the Second Circuit · 1938

3Cited by12 opinions

  1. Day-Brite Lighting, Inc. v. Sandee Manufacturing Co.Court of Appeals for the Seventh Circuit · 1961
  2. Day-Brite Lighting, Inc. v. Compco Corporation, Day-Brite Lighting, Inc. v. Compco CorporationCourt of Appeals for the Seventh Circuit · 1963
  3. Amerock Corporation v. Aubrey Hardware Manufacturing, Inc.Court of Appeals for the Seventh Circuit · 1960
  4. Kwik-Site Corp. v. Clear View Manufacturing Co.Court of Appeals for the Sixth Circuit · 1985
  5. Lewis E. Hamel Co. v. P & K, Inc.District Court, E.D. Illinois · 1960

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