Tabor v. . Hoffman
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at Special Term. The object of this action was to restrain the defendant from using certain patterns alleged to have been surreptitiously copied from patterns belonging to the plaintiff that had not been made public.
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Appeal from judgment of tlie General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 22, 1886, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at Special Term. The object of this action was to restrain the defendant from using certain patterns alleged to have been surreptitiously copied from patterns belonging to the plaintiff that had not been made public. The trial court found that the plaintiff, having invented a pump known as “ Tabor’s Rotary Pump,” which was patented, made a complete set of…
1Opinion of the CourtVann, J.
It is conceeded by the appellant that, independent of copyright or letters ¡latent, an inventor or author, has, by the common law, an exclusive property in his invention ox-composition, until by publication it becomes the property of the general public. This concession seems to be well founded and to be sustained by authority. (Palmer v. De Witt, 47 N. Y. 532; Potter v. McPherson, 21 Hun, 559; Hammer v. Barnes, 26 How. Pr. 174; Kiernan v. M. Q. Tel. Co. 50 id. 194; Woolsey v. Judd, 4 Duer, 379; Peabody v. Norfolk, 98 Mass. 452; Salomon v. Hertz, 40 N. J. Eq. Rep. 400; Phillips on Patents,…
2Cases cited4 opinions
- Peabody v. NorfolkMassachusetts Supreme Judicial Court · 1868
- Palmer v. . De WittNew York Court of Appeals · 1872
- Rees v. PeltzerIllinois Supreme Court · 1874
- Hammer v. BarnesNew York Supreme Court · 1863
3Cited by104 opinions
- Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
- Smith v. Dravo Corp.Court of Appeals for the Seventh Circuit · 1953
- Van Products Co. v. General Welding & Fabricating Co.Supreme Court of Pennsylvania · 1965
- Franke v. WiltschekCourt of Appeals for the Second Circuit · 1953
- K & G Tool & Service Co. v. G G Fishing Tool ServiceTexas Supreme Court · 1958
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