Legal Opinion

Grelle v. City of Eugene

Court of Appeals for the Ninth Circuit

Decided February 15, 1915No. 2456PublishedCited by 5 opinions

Appeal from the District Court of the United States for the District • of Oregon; Chas. E., Wolverton, Judge. Suit in equity by Charles Edward Grelle and the Independent Foundry Company against the City of Eugene, Or., and M. E. Griggs. Decree for defendants, and complainants appeal.

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Appeal from the District Court of the United States for the District • of Oregon; Chas. E., Wolverton, Judge. Suit in equity by Charles Edward Grelle and the Independent Foundry Company against the City of Eugene, Or., and M. E. Griggs. Decree for defendants, and complainants appeal. Suit by the appellants (plaintiffs in the court below) for damages for alleged infringement by appellees (defendants in the court below! of letters, patent No. 43,338, for an ornamental design for a five-light lamp post, issued by the United States Patent Office to Charles Edward Grelle, on December 10, 1912, and…

1Opinion of the Court

MORROW, Circuit Judge.

The plaintiff, Charles Edward Grelle, is the owner and holder of letters patent of the United States No. 43,-33S for an ornamental design for a five-light lamp post. The plaintiff the Independent Foundry Company, of which Grelle is president, is engaged in the manufacture and sale of lamp posts designed in conformity with the patent issued to Grelle, under and by virtue of an exclusive license from Grelle. It is alleged in the bill that the city of Eugene, Or., without the consent of the plaintiffs, and with full knowledge of the issuance to Grelle of the letters patent…

2Cases cited11 opinions

  1. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  2. Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
  3. General Gaslight Co. v. Matchless Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1904
  4. Hutter v. BroomeU.S. Circuit Court for the District of New Jersey · 1902
  5. Jennings v. KibbeU.S. Circuit Court for the District of Southern New York · 1882

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3Cited by5 opinions

  1. National Nut Co. of California v. Sontag Chain Stores Co.Court of Appeals for the Ninth Circuit · 1939
  2. W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.District Court, S.D. New York · 1930
  3. Application of ParkCourt of Customs and Patent Appeals · 1950
  4. Majestic Electric Development Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Ninth Circuit · 1921
  5. Knapp v. Will & Baumer Co.District Court, N.D. New York · 1918

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