Legal Opinion
Cushman v. Atlantis Fountain Pen Co.
U.S. Circuit Court for the District of Massachusetts
Decided July 23, 1908No. 406PublishedCited by 11 opinions
In Equity. On motion for preliminary injunction.
1Opinion of the Court
LOWELL, Circuit Judge.
This is a bill in equity, which sets out the infringement of a patent for pens and an alleged unfair use of the complainant’s trade-name for the same purpose. The complainant asks a preliminary injunction, which has been issued, to restrain the infringement of the patent. Has the court jurisdiction to deal with the alleged unfair competition?
That the Circuit Court is without jurisdiction of a bill brought solely to restrain unfair competition is settled by Elgin National Watch Co. v. Illinois Watch Case Co., 179 U. S. 665, 21 Sup. Ct. 270, 45 L. Ed. 365, and Leschen Co.…
2Cases cited5 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- White v. EwingSupreme Court of the United States · 1895
- A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Court of Appeals for the Eighth Circuit · 1904
- C. L. King & Co. v. InlanderU.S. Circuit Court for the Northern District of Illnois · 1902
- Hobbs Mfg. Co. v. GoodingU.S. Circuit Court for the District of Massachusetts · 1908
3Cited by11 opinions
- Schiebel Toy & Novelty Co. v. ClarkCourt of Appeals for the Sixth Circuit · 1914
- Hanna v. Brictson Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- Ludwigs v. Payson Mfg. Co.Court of Appeals for the Seventh Circuit · 1913
- Mecky v. GrabowskiDistrict Court, E.D. Pennsylvania · 1910
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