Legal Opinion

Willcox & Gibbs Sewing Mach. Co. v. Union Special Mach. Co.

District Court, N.D. New York

Decided March 29, 1928Published

1Opinion of the Court

BRYANT, District Judge.

This is a motion for a preliminary injunction, the object of which is to restrain defendant from manufacturing and selling its sewing machine, classified as its “Thirty Five Seven” model, which plaintiff claims infringes the patent of October 15, 1912, issued to the Willcox & Gibbs Sewing Machine Company, and which embodies principles patented by Borton in 1893.

A preliminary injunction will not be granted, unless the moving affidavits show that the patent on which the motion is made has been either adjudicated or there has been public acquiescence of such a nature as to…

2Cases cited2 opinions

  1. Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
  2. Permutit Co. v. Paige & Jones Chemical Co.Court of Appeals for the Second Circuit · 1927

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