Lowell Manuf'g Co. v. Hogg
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity by the Lowell Manufacturing Company against William J. Hogg for alleged infringement of a design patent.
1Opinion of the Court
PUTNAM, Circuit Judge.
This is a bill in equity based on the infringement of a patent for a design. It prays for an injunction, for the enforcement of the penalties imposed by the act of February 4, 1887 (24 Stat. 387), for profits in excess of those penalties, and for damages. The bill failed to allege that the patented articles were marked as provided by sections 4900 and 4933 of the Revised Statutes, and the answer made no denial of this fact. Apparently, under Rubber Co. v. Goodyear, 9 Wall. 788, 801, the point could not be taken by the defendant, so far at least as applies to an…
2Cases cited3 opinions
- Sessions v. RomadkaSupreme Court of the United States · 1892
- Coupe v. RoyerSupreme Court of the United States · 1895
- Dunlap v. SchofieldSupreme Court of the United States · 1894
3Cited by6 opinions
- Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922
- Franklin Brass Foundry Co. v. Shapiro & Aronson, Inc.Court of Appeals for the Third Circuit · 1921
- Lorain Steel Co. v. New York Switch & Crossing Co.U.S. Circuit Court for the District of New Jersey · 1907
- Churchward International Steel Co. v. Bethlehem Steel Co.District Court, E.D. Pennsylvania · 1919
- Bush & Lane Piano Co. v. Becker Bros.Court of Appeals for the Second Circuit · 1916
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