Mallinson v. Ryan
District Court, S.D. New York
In Equity. Suit by Hiram Royal Mallinson and Eugene Irving Hanson, copartners doing business as H. R. Mallinson & Co., against Matthew W. Ryan, trading as Wm. II. Brown & Co. On motion to dismiss bill.
1Opinion of the Court
MAYER, District Judge.
The suit is between citizens of the state of New York, and the bill alleges the infringement of a design patent, and “that the court’s jurisdiction is invoked primarily under the patent laws of the United States,” and then concludes with allegations of unfair competition.
[1] The motion to dismiss is made on the ground (1) that the patent on its face is void for lack of invention; and (2) that the court has not jurisdiction in respect of the cause of action for unfair competition because of lack of diversity of citizenship. Such motions to dismiss, made under equity rule…
2Cases cited6 opinions
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- Steffens v. SteinerCourt of Appeals for the Second Circuit · 1916
- Ludwigs v. Payson Mfg. Co.Court of Appeals for the Seventh Circuit · 1913
- Onondaga Indian Wigwam Co. v. Ka-Noo-No Indian Mfg. Co.U.S. Circuit Court for the District of Northern New York · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hurn v. OurslerSupreme Court of the United States · 1933
- Van Camp Sea Food Co. v. Westgate Sea Products Co.Court of Appeals for the Ninth Circuit · 1928
- Quaker Chair Corp. v. Litton Business System, Inc.District Court, S.D. New York · 1976
- Vogue Co. v. Vogue Hat Co.Court of Appeals for the Sixth Circuit · 1926
- Stark v. Stark Bros. Nurseries & Orchards Co.Court of Appeals for the Eighth Circuit · 1919
9 more not listed; retrieve them via the Exa API.