Gorham Co. v. White
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York; the case being thus: The Patent Act of August 29th, 1842,* enacts: “That any citizen or citizens, &c., who by his, her, or their own industry, genius, efforts, and expense may have invented or produced any new and original design for a manufacture, whether ■of metal or other material or materials, or any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new and…
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Error to the Circuit Court for the Southern District of New York; the case being thus: The Patent Act of August 29th, 1842,* enacts: “That any citizen or citizens, &c., who by his, her, or their own industry, genius, efforts, and expense may have invented or produced any new and original design for a manufacture, whether ■of metal or other material or materials, or any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new and original design for a bust, statue, or has relief, or composition in altojor basso relievo, or any new and original impression…
1Opinion of the CourtJustice Strong
The sole question is one of fact.' Has there been' an infringement? Are the designs used by the defendant substantially the same as that owned by the complainants? To answer these questions correctly, -it is indispensable to understand what constitutes identity of design, and what amounts to infringement ?
The acts of Congress which authorize the grant of patents for designs were plainly intended to give encouragement to +he decorative arts. They contemplate not so much utility as appearance, and that, not an abstract impression, or picture, but an aspect given to those objects mentioned in…
2Cited by512 opinions
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Mazer v. SteinSupreme Court of the United States · 1954
- McLean v. FlemingSupreme Court of the United States · 1878
- The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg DivisionCourt of Appeals for the Federal Circuit · 1992
- Avia Group International, Inc., (Formerly Pensa, Inc.) v. L.A. Gear California, Inc.Court of Appeals for the Federal Circuit · 1988
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