Fairbanks v. Jacobus

JOHNSON, Circuit Judge.

This motion is made for a preliminary injunction to restrain the defendant from the use of the words “Fairbanks’ Patent” upon platform scales, and from making or selling an imitation of Fairbanks’ scales. This preliminary relief is sought substantially upon the grounds of imitation of the article made and sold by the plaintiffs, and of violation of the plaintiffs’ alleged trade-mark. No question of violation of patent right is involved, for there is no claim by the plaintiffs that the scale complained of is, either in the whole, or in any part, an invasion of any…