Legal Opinion

Victor Talking Mach. Co. v. Leed & Catlin Co.

U.S. Circuit Court for the District of Southern New York

Decided June 1, 1910Published

In Equity. Suit by the Victor Talking Machine Company and another against the Teed & Catlin Company.

1Opinion of the Court

HAND, District Judge.

This case comes on for final hearing upon the defendant’s default after taking full proofs. Upon the argument sufficient of the facts were produced to justify the usual final decree. The counsel for complainant wishes the court to consider and pass upon the questions which arise in detail, upon the theory that it will be of use in case of subsequent infringement as the basis for a preliminary injunction. That is, however, not the rule in this circuit. In Hayes v. Leton (C. C.) 5 Fed. 521, Judge Benedict declined to follow an adjudication which was taken by default. It…

2Cases cited3 opinions

  1. Societe Anonyme du Filtre Chamberland Systeme Pasteur v. AllenU.S. Circuit Court for the District of Northern Ohio · 1897
  2. American Electrical Novelty Co. v. NewgoldU.S. Circuit Court for the District of Southern New York · 1900
  3. Hayes v. LetonU.S. Circuit Court for the District of Eastern New York · 1881

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