Legal Opinion

Crescent Specialty Co. v. National Fireworks Distributing Co.

Court of Appeals for the Sixth Circuit

Decided January 15, 1915No. 2710PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Northern District of Ohio; John H. Clarke, Judge. Suit in equity by the National Fireworks Distributing Company against the Crescent Specialty Company. From an order granting a preliminary injunction, defendant appeals.

1Opinion of the Court

KNAPPEN, Circuit Judge.

This is an appeal from an order of the District Court granting a preliminary injunction against infringement of the Wertz patent (No. 926,308, June 29, 1909) and the Clark patent (No. 991,956, May 9, 1911). Both patents relate to toy pistols. All of the pistols here involved are of the magazine type, by which a tape carrying patches of fulminating material at intervals on its surface is automatically fed to the anvil through a movement of the trigger. According to both the Wertz and Clark patents, the tape, which, in the form of a roll, is mounted upon a pin in the…

2Cases cited6 opinions

  1. Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
  2. Duplex Printing-Press Co. v. Campbell Printing-Press & Manuf'g Co.Court of Appeals for the Sixth Circuit · 1895
  3. Louisville & N. R. v. Western Union Telegraph Co.Court of Appeals for the Sixth Circuit · 1913
  4. Acme Acetylene Appliance Co. v. Commercial Acetylene Co.Court of Appeals for the Sixth Circuit · 1911
  5. City of Shelbyville v. GloverCourt of Appeals for the Sixth Circuit · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Edwards Mfg. Co. v. National Fireworks Distributing Co.Court of Appeals for the Sixth Circuit · 1921
  2. Minerals Separation, Ltd. v. Miami Copper Co.Court of Appeals for the Third Circuit · 1920
  3. Mueller v. WolfingerDistrict Court, S.D. Ohio · 1946
  4. Kendall v. Trico Products Corp.Court of Appeals for the Sixth Circuit · 1929
  5. Tropic-Aire, Inc. v. JumperDistrict Court, D. Minnesota · 1928

6 more not listed; retrieve them via the Exa API.

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