Newcomer v. Scriven Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to enjoin infringement of complainant’s trade-mark and trade-namo in the manufacture and sale of men’s drawers, and to restrain an alleged unfair competition in, the sale of men’s drawers, not made or sold by complainant, as and for drawers made and sold by complainant.
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Appeal from the Circuit Court of the United States for the Eastern District of Tennessee. This is a bill to enjoin infringement of complainant’s trade-mark and trade-namo in the manufacture and sale of men’s drawers, and to restrain an alleged unfair competition in, the sale of men’s drawers, not made or sold by complainant, as and for drawers made and sold by complainant. The complainant is a corporation organized under the laws of West Virginia, but carrying on business in the city of New York. The defendants are copartners, carrying on business at Knoxville, Tenn. The bill avers that the…
1Opinion of the CourtBurton, Circuit Judge
(after stating the facts as above). 'The characteristic feature of the men’s drawers here in question is that a strip or seam of an elastic fabric is inserted down the sides and back. This is the feature covered by a patent to C. A. Brown, which expired in 1898. We insert below Figure 2 from that patent:
The specifications of that patent say that the parts marked “A” are made of woven , fabric, while the parts marked “B” are made of knitted fabric. The knitted fabric may be either sewed to "or inserted within the garment, or may be loosely woven or worked in the formation of the drawers…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Supreme Court of the United States · 1906
- Diamond Match Co. v. Saginaw Match Co.Court of Appeals for the Sixth Circuit · 1906
- J. A. Scriven Co. v. MorrisU.S. Circuit Court for the District of Maryland · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- James Heddon's Sons v. Millsite Steel & Wire Works, Inc.Court of Appeals for the Sixth Circuit · 1942
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
- Samson Cordage Works v. Puritan Cordage MillsCourt of Appeals for the Sixth Circuit · 1914
- Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
- Edward Hilker Mop Co. v. United States Mop Co.Court of Appeals for the Sixth Circuit · 1911
11 more not listed; retrieve them via the Exa API.