Rowe v. Blodgett & Clapp Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the District of Connecticut. This cause comes here upon appeal from a decree of the circuit court, district of Connecticut, dismissing the bill. 103 Fed. 873. The suit is for infringement of United States design patent No. 26,587, granted February 2, 1897, to Allen H. Rowe for “design for a horseshoe calk.” The design “consists in the configuration of the device as [therein] described.
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Appeal from the Circuit Court of the United States for the District of Connecticut. This cause comes here upon appeal from a decree of the circuit court, district of Connecticut, dismissing the bill. 103 Fed. 873. The suit is for infringement of United States design patent No. 26,587, granted February 2, 1897, to Allen H. Rowe for “design for a horseshoe calk.” The design “consists in the configuration of the device as [therein] described. When viewed in side elevation, the calk is divided into a cylindrical threaded upper portion, with a distinct groove between this portion and the square…
1Per curiam
Several defenses were urged, but Judge Townsend at circuit held as follows:
“I decide this case upon the broader ground that patents for designs are intended to apply to matters of ornament, in which the utility depends upon the pleasing effect imparted to the eye, and not upon any new function. The advantage claimed by complainant for the increased flat surface afforded by the curved line, which is the essential feature of his patent, is to enhance the mechanical utility of the calk by thus making a stouter shoulder, which would not so readily become bruised, out of shape, and which,…
2Cases cited2 opinions
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Northrup v. AdamsU.S. Circuit Court for the District of Eastern Michigan · 1877
3Cited by35 opinions
- H. C. White Co. v. Morton E. Converse & Son Co.Court of Appeals for the Second Circuit · 1927
- Applied Arts Corp. v. Grand Rapids Metalcraft Corp.Court of Appeals for the Sixth Circuit · 1933
- Whiting Mfg. Co. v. Alvin Silver Co.Court of Appeals for the Second Circuit · 1922
- Wilson v. Haber Bros.Court of Appeals for the Second Circuit · 1921
- R. E. Dietz Co. v. Burr & Starkweather Co.Court of Appeals for the Second Circuit · 1917
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