Theodore W. Foster & Bro. Co. v. Tilden-Thurber Co.
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Rhode Island. Suit in equity by the Tilden-Thurber Company against the Theodore W. Foster & Bro. Company. Decree for complainant (195 Fed. 538), and defendant appeals.
1Opinion of the Court
DODGE, Circuit Judge.
The appellee company, by assignment from John Webster, the patentee, owns United States letters patent 40,789, July 26, 1910. This patent is a design patent, and covers “the ornamental design for a clothes brush as shown” in the accompanying drawing. The appellant company admits the making and selling of a clothes brush of a design so similar that .discussion of the question of infringement was thought useless by the court below, and the defendant’s brief in this court contains the following admission:
“While there are differences in the lines of defendant’s brush, as…
2Cases cited8 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Rowe v. Blodgett & Clapp Co.Court of Appeals for the Second Circuit · 1901
- Wagner Typewriter Co. v. F. S. Webster Co.U.S. Circuit Court for the District of Southern New York · 1906
- Williams Calk Co. v. KemmererCourt of Appeals for the Third Circuit · 1906
- Williams Calk Co. v. Neverslip Mfg. Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mygatt v. SchafferCourt of Appeals for the Second Circuit · 1914
- North British Rubber Co. v. Racine Rubber Tire Co. of New York, Inc.Court of Appeals for the Second Circuit · 1921
- Gross v. NorrisCourt of Appeals for the Fourth Circuit · 1928
- In Re KoehringCourt of Customs and Patent Appeals · 1930
- W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.District Court, S.D. New York · 1930
8 more not listed; retrieve them via the Exa API.