Smith v. Walton

Brown, District Judge.

The above action is brought under section 4901 of the United States Devised Statutes to recover $220,000 penalties alleged to have been incurred by the defendants in marking upon and affixing to 2,200 crates of wooden dishes the word “Patented” and the words “Oval Wooden Dish” with intent to imitate and counterfeit the mark and device of the plaintiff, who was the patentee of said dishes, without his consent, and without having obtained any patent therefor. The complaint consists of 2,200 .counts, each of which, after the first, charges a similar offense in regard to “a…