Haff v. R. Wallace & Sons Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Dominick & Haff against the R. Wallace & Sons Manufacturing Company. From orders granting preliminary injunction and denying a motion to vacate the same, defendant appeals. On appeal from two orders of the District Court for the Southern District of New York.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by Dominick & Haff against the R. Wallace & Sons Manufacturing Company. From orders granting preliminary injunction and denying a motion to vacate the same, defendant appeals. On appeal from two orders of the District Court for the Southern District of New York. The first order granted a preliminary injunction restraining the defendant from manufacturing or selling or causing to be manufactured or sold table silver flat ware, either in plated or solid silver of patterns known as “Alamo”…
1Opinion of the Court
COXE, Circuit Judge.
[1] We think the orders should be affirmed, but prefer to rest our decision mainly upon the proposition that the complainant’s design patents Nos. 40,124, 40,832 and 40,833 for spoons and forks are valid and infringed. A design patent must of course disclose invention. It must show a novel design, but a very different set of faculties are brought into play from those required in producing *224a new machine or a chemical or electrical combination. In each case there must be novelty, but the design need not be useful in the popular sense; it must be beautiful or ornamental, it…
2Cases cited2 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
3Cited by19 opinions
- Nat Lewis Purses, Inc. v. Carole Bags, Inc.Court of Appeals for the Second Circuit · 1936
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- Steffens v. SteinerCourt of Appeals for the Second Circuit · 1916
- Whiting Mfg. Co. v. Alvin Silver Co.Court of Appeals for the Second Circuit · 1922
- Mygatt v. SchafferCourt of Appeals for the Second Circuit · 1914
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