Legal Opinion

Blessing v. Gordon Textile Co.

District Court, S.D. New York

Decided September 5, 1939Published

1Opinion of the Court

CONGER, District Judge.

Motion for preliminary injunction in a patent infringement suit.

Courts should be very careful in granting prelimináry injunctions of this type. It is, in effect, pre-judging the case upon the merits, upon affidavits. In order to grant this preliminary injunction, I have to assume that the patent of the plaintiff is valid. In determining the validity of a patent, the court is usually controlled to a large extent, by prior adjudications. Plaintiff urges prior adjudication of this patent and the validity thereof in the case of L. G. Blessing v. Consolidated Trimming…

2Cases cited2 opinions

  1. Earll v. Rochester, S. & E. R. Co.U.S. Circuit Court for the District of Northern New York · 1907
  2. Blessing v. Consolidated Trimming Corp.District Court, S.D. New York · 1939

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