Wilson v. Haber Bros.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill in equity by Pose O’Neill Wilson and another against Haber Bros., Inc. From a decree awarding an injunction and accounting, defendant appeals.
1Opinion of the Court
HOUGH, Circuit Judge.
Decree appealed from is based upon a supplemental bill alleging infringement of design patent 43680, issued to the plaintiff, Wilson, and also infringement of said plaintiff’s copyright obtained by registration April 5, 1918, for a “work of plastic art,” etc.
*347The subject both of design patent aod copyright is a grotesque figure now commonly sold in toy shops and elsewhere, known as a “kewpie.” la the specification of the design patent this object is called a “doll,” and in the copyright certificate a “figure oi statuette,” but the thing is the same.
The present bill is…
2Cases cited7 opinions
- Ashley v. Weeks-Numan Co.Court of Appeals for the Second Circuit · 1915
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
- Ashley v. Samuel C. Tatum Co.Court of Appeals for the Second Circuit · 1911
- Eggers v. Sun Sales Corp.Court of Appeals for the Second Circuit · 1920
- Zidell v. DexterCourt of Appeals for the Ninth Circuit · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dymow v. BoltonCourt of Appeals for the Second Circuit · 1926
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Eastern America Trio Products, Inc. v. Tang Electronic Corp.District Court, S.D. New York · 2000
- Whiting Mfg. Co. v. Alvin Silver Co.Court of Appeals for the Second Circuit · 1922
- Elsen v. State Farmers Mutual Insurance Co.Supreme Court of Minnesota · 1945
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