Phœnix Knitting Works v. Bradley Knitting Co.
U.S. Circuit Court for the District of Eastern Wisconsin
In Equity. Suit by the Phoenix Knitting Works against the Bradley Knitting Company, J. J. Phoenix, W. B. Tyrrell, and W. H. Tyrrell. This is a suit in equity based upon a design patent No. 39,347, granted to one Mead June 9, 1908, for an original and ornamental design for an article manufactured, to wit, a neck scarf, which patent was thereafter, and before the alleged infringement, duly assigned and transferred to the complainant.
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In Equity. Suit by the Phoenix Knitting Works against the Bradley Knitting Company, J. J. Phoenix, W. B. Tyrrell, and W. H. Tyrrell. This is a suit in equity based upon a design patent No. 39,347, granted to one Mead June 9, 1908, for an original and ornamental design for an article manufactured, to wit, a neck scarf, which patent was thereafter, and before the alleged infringement, duly assigned and transferred to the complainant. The bill sets up infringement by the defendants, and prays for an accounting and injunction. The answer admits the citizenship of the parties, the issuance of the…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). Section 4929, Rev. St. (U. S. Comp. St. 1901, p. 3398) provides:
“Any person who has invented any new, original, and ornamental design for an article of manufacture, not known or used by others in thi,s country before Eis invention thereof, and not patented or described in any printed publicátion in this or. any foreign country before his invention thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may,…
2Cases cited11 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Deering v. Winona Harvester WorksSupreme Court of the United States · 1894
- Mast, Foos & Co. v. Dempster Mill Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
- Untermeyer v. FreundU.S. Circuit Court for the District of Southern New York · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Margolis v. National Bellas Hess Co.New York Supreme Court · 1931
- W. A. Sheaffer Pen Co. v. Worth Featherweight Pen Co.District Court, S.D. New York · 1930
- Goudy v. HansenCourt of Appeals for the First Circuit · 1917
- Inflexible Co. v. MegibowDistrict Court, D. New Jersey · 1918
- Phœnix Knitting Works v. RichU.S. Circuit Court for the District of Northern Ohio · 1911
8 more not listed; retrieve them via the Exa API.