Onondaga Indian Wigwam Co. v. Ka-Noo-No Indian Mfg. Co.
U.S. Circuit Court for the District of Northern New York
In Equity. Suit by the Onondaga Indian Wigwam Company against the Ka-Noo-No Indian Manufacturing Company and John B. Welch. On motion for preliminary injunction and demurrer to bill by defendants.
1Opinion of the Court
RAY, District Judge.
The acts of the defendants complained of and alleged in the bill of complaint constitute an infringement of the complainant’s patent and also unfair competition in trade. They result in two wrongs, and one question is: Can the facts be proved and the unlawful and wrongful acts enjoined in one action? It is impossible to separate the acts constituting the infringement from those amounting to unfair competition in trade. You cannot allege the one fully without alleging the other if you allege the patent and the invasion of the rights granted thereby. If you allege the patent…
2Cases cited3 opinions
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
- Globe-Wernicke Co. v. Fred Macey Co.Court of Appeals for the Sixth Circuit · 1902
- Johnson Furnace & Engineering Co. v. Western Furnace Co.Court of Appeals for the Eighth Circuit · 1910
3Cited by12 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Electric Boat Co. v. Lake Torpedo Boat Co.District Court, D. New Jersey · 1914
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Mallinson v. RyanDistrict Court, S.D. New York · 1917
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
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