Kelley v. Ypsilanti Dress-Stay Manuf'g Co.
U.S. Circuit Court for the District of Eastern Michigan
In Equity. On petition by defendant for an injunction to restrain the commencement and prosecution of suits against its customers and the sending of circulars to others engaged in the trade.
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In Equity. On petition by defendant for an injunction to restrain the commencement and prosecution of suits against its customers and the sending of circulars to others engaged in the trade. The petition set forth, in substance, that this suit was brought against the petitioner on the 10th of September, 1890, for the infringement of a patent corset stay; that petitioner owns property subject to execution in this district of the value of 850,000, and is engaged in the manufacture of dress stays at Ypsilanti, under a patent to Enoch C. Bowling, and another to Elsie M. Smith; that plaintiff has…
1Opinion of the CourtBrowN, J.
Defendant seeks in this petition to obtain an injunction for three distinct purposes, viz., to prevent (1) the prosecution of three suits already begun; (2) the commencement of new suits against its customers; and (3) the molesting of others engaged in the trade by letters, circulars, or oral threats. As the legal principles applicable to these three kinds of relief are not precisely the same, we are compelled to give them an independent consideration.
1. Conceding that there are intimations in some of the cases that the court has power to enjoin the prosecution of suits already begun in other…
2Cases cited11 opinions
- Bloomer v. McQuewanSupreme Court of the United States · 1853
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Hovey v. . Rubber Tip Pencil Co.New York Court of Appeals · 1874
- Breisch v. Central R. Co. of NJSupreme Court of the United States · 1941
- Snow & Bush v. JudsonNew York Supreme Court · 1862
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3Cited by30 opinions
- Kaplan v. Helenhart Novelty CorporationCourt of Appeals for the Second Circuit · 1950
- A. B. Farquhar Co. v. National Harrow Co.Court of Appeals for the Third Circuit · 1900
- A. Hollander & Son, Inc. v. Imperial Fur Blending Corp.Supreme Court of New Jersey · 1949
- United States Galvanizing & Plating Equipment Corp. v. Hanson-Van Winkle-Munning Co.Court of Appeals for the Fourth Circuit · 1939
- Virtue v. Creamery Package Mfg. Co.Court of Appeals for the Eighth Circuit · 1910
25 more not listed; retrieve them via the Exa API.