Phœnix Knitting Works v. Grushlaw
U.S. Circuit Court for the District of Eastern Pennsylvania
In Equity. Suit by the Phoenix Knitting Works against Samuel Grushlaw, individually and trading under the style of the Pennsylvania Knitting Mills, and also trading under the style of Penn Muffler Company. On motion for preliminary injunction.
1Opinion of the Court
HOLLAND, District Judge.
This is a bill in equity filed to restrain the defendant from infringing design patent No. 39,347, granted to Joseph Mead June 9, 1908, for “a new, original and ornamental design for neck scarfs,” which patent was thereafter and before the alleged infringement duly assigned and transferred to the complainant.
The defendant does not deny the charge that he has been making a neck scarf in exact imitation of the one designed by complainant, but sets up nonpatentability, and for the purpose of establishing this defense at the hearing produced a number of articles which have…
2Cases cited5 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Electric Manuf'g Co. v. Edison Electric Light Co.Court of Appeals for the Seventh Circuit · 1894
- Phœnix Knitting Works v. Bradley Knitting Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1910
- New York Filter Co. v. O. H. Jewell Filter Co.District Court, S.D. New York · 1894
3Cited by3 opinions
- Phœnix Knitting Works v. RichU.S. Circuit Court for the District of Northern Ohio · 1911
- Phœnix Knitting Works v. Hygienic Fleeced Underwear Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1911
- Phœnix Knitting Works v. Hygienic Fleeced Underwear Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1911