Gordon v. Turco-Halvah Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Bill by George S. Gordon, Mitchel Wolf, and Harry Cowen, individually and as copartners, doing business as the Gordon-Wolf-Cowen Company, against the Turco-Halvah Company, Incorporated, Nathan Radutsky, and others. There was a decree for complainants.
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Appeal from the District Court of the United States for the Southern District of New York. Bill by George S. Gordon, Mitchel Wolf, and Harry Cowen, individually and as copartners, doing business as the Gordon-Wolf-Cowen Company, against the Turco-Halvah Company, Incorporated, Nathan Radutsky, and others. There was a decree for complainants. On order to show cause why defendants should not be punished for contempt of the decree, defendants were adjudged guilty of contempt, and the master’s report, awarding a penalty against them, was confirmed, and defendants appeal. This is an appeal from a…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The first question raised is as to the propriety of a proceeding to punish for contempt, where the defendants are manufacturing under a patent of their own issued after the decree, and where the decree itself was entered by consent. We do not know the composition of the original halvah found to be within the patent on March 5, 1915, but on principle we cannot see how the fact that, the defendants are manufacturing under a new patent has any bearing upon this issue. The Patent Office does not and cannot, in granting patents, regard questions of infringement;…
2Cases cited12 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Crown Cork & Seal Co. v. American Cork Specialty Co.Court of Appeals for the Second Circuit · 1914
- National Folding-Box & Paper Co. v. Dayton Paper Novelty Co.U.S. Circuit Court for the District of Southern Ohio · 1899
- Carborundum Co. v. Electric Smelting & Aluminum Co.Court of Appeals for the Third Circuit · 1913
- Charles Green Co. v. Henry P. Adams Co.Court of Appeals for the Second Circuit · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Leman v. Krentler-Arnold Hinge Last Co.Supreme Court of the United States · 1932
- Union Tool Co. v. WilsonSupreme Court of the United States · 1922
- Hartford-Empire Co. v. OBEARNESTER GLASS CO.Court of Appeals for the Eighth Circuit · 1938
- Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
- Alfred Bell & Co. v. Catalda Fine Arts, Inc.District Court, S.D. New York · 1949
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