Warren Featherbone Co. v. American Featherbone Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for,the Eastern District of Wisconsin. . This is a bill in equity filed by the appellant July 9, 1903, for alleged violation of its trade-mark or trade-name “Featherbone,” and also to enjoin unfair competition in trade. At the circuit the bill was dismissed for want of equity.
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Appeal from the Circuit Court of the United States for,the Eastern District of Wisconsin. . This is a bill in equity filed by the appellant July 9, 1903, for alleged violation of its trade-mark or trade-name “Featherbone,” and also to enjoin unfair competition in trade. At the circuit the bill was dismissed for want of equity. The facts are substantially these: Edward K. Warren, the appellant’s predecessor, in the year 1883 invented an improvement in “corset-stiffeners,” having for its object the utilization as a rib or stiffener for corsets and other articles of dress or fabrics, of the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts). That Warren was the inventor of a new and useful article may not be denied. The merit of his invention was recognized by the government and monopoly thereof granted to him by the patent of 1883. Warren then coined a new word, “Featherbone,” which in the specification to that patent was first employed as descriptive of, and as the name of the article produced by his invention. In all subsequent patents, the name is so used, and it became generally known as the designation of the article itself. Thus in the Century Dictionary, edition of May, 1889, we find the word…
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