Cookson v. Louis Marx & Co.
District Court, S.D. New York
1Opinion of the Court
PATTERSON, District Judge.
The suit is for infringement of patent to Appell, 1,272,353, issued July 16, 1918, for a toy pistol, and also for infringement of patent to Daspit, 1,863,438, issued June 14, 1932, for a toy gun.1 The case has several unusual features. In the original bill the plaintiff complained of infringement of the Daspit patent only. The defendant, having obtained what purported to be an assignment of the Appell patent from the patentee when suit on the Daspit patent was threatened, counterclaimed for infringement of the Appell patent. In the counterclaim it was averred under…
2Cases cited13 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- Root v. Railway Co.Supreme Court of the United States · 1882
- Ager v. MurraySupreme Court of the United States · 1882
- Claude Neon Lights, Inc. v. American Neon Light CorporationCourt of Appeals for the Second Circuit · 1930
- Wilson v. Martin-Wilson Automatic Fire Alarm Co.Massachusetts Supreme Judicial Court · 1890
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3Cited by4 opinions
- McClaskey v. Harbison-Walker Refractories Co.Court of Appeals for the Third Circuit · 1943
- Zanetti v. ZanettiCalifornia Court of Appeal · 1947
- Gordon v. Easy Washing Mach. Corp.District Court, N.D. New York · 1940
- McClaskey v. Harbison-Walker Refractories Co.Court of Appeals for the Third Circuit · 1943