Legal Opinion
Pirkl v. Smith
U.S. Circuit Court for the District of Eastern New York
Decided April 15, 1890PublishedCited by 4 opinions
In Equity. On bill for injunction.
1Opinion of the CourtWheeler, J.
This suit is brought upon design patent No. 18,293, dated May 1, 1888, issued to the orator for a window-guard. The defendants admit that window-guards of this design were ordered of them in March, 1888, and delivered by them in July, 1888, but deny that they knew of the patent before the delivery, and such knowledge is not shown. A statute provides that for any person other than the owner of a patent for a design, without license, to apply the design, or any color-able imitation thereof, “to any article of manufacture for the purpose of sale, or to sell or expose for sale any article of…
2Cases cited3 opinions
- Root v. Railway Co.Supreme Court of the United States · 1882
- Waite v. DowleySupreme Court of the United States · 1877
- State v. LullSupreme Court of Vermont · 1876
3Cited by4 opinions
- Beacon Folding MacH. Co. v. Rotary MacH. Co.District Court, D. Massachusetts · 1927
- Gimbel v. HoggCourt of Appeals for the Third Circuit · 1899
- Western Gas Fixture Co. v. Jefferson Glass Co.Court of Appeals for the Fourth Circuit · 1924
- Lichtenstein v. PhippsDistrict Court, S.D. New York · 1908