Smokador Mfg. Co. v. Tubular Products Co.

AUGUSTUS N. HAND, Circuit Judge.

The complainant has for some time been engaged in tbe commercial development of asb stands wbicb rest on tbe floor and bave an asb tray at a point witbin convenient reach of tbe user, and a vertical tube attached to it for the purpose of conducting tbe asbes, burnt matches, and cigar stubs into a waste-receiving receptacle in tbe lower part of tbe stand.

Tbe first of these smoker’s stands, called tbe “Roek-a-by,” or “Roly-Poly,” sold under tbe trade-mark “Smokador,” was made under United States patent No. 1,559,234, to Fleming, dated October 27, 1925, and was…