Rushmorh v. Badger Brass Mfg. Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Samuel W. Rushmore against the Badger Brass Manufacturing Company. Decree for complainant, and defendant appeals. Appeal from a decree holding the defendant guilty of unfair competition in making motor lamps in imitation of similar lamps designed by the complainant and granting an injunction and an accounting.
1Per curiam
We have examined the record with care to ascertain if there is any testimony which distinguishes this case from Rushmore v. Manhattan Screw & Stamping Works, 163 Fed. 939, 90 C. C. *380A. 299, 19 L. R. A. (N. S.) 269, and Rushmore v. Saxon, 170 Red. 1021, 95 C. C. A. 671.
In the Manhattan Case the Circuit Court found:
“That the shape, appearance, external attachments, and general dress of the Rushmore lamp are not functional and are not elements of mechanical construction essential to the successful practical operation of the lamp as a lamp.”
We agreed with this finding, and because of it affirmed…
2Cases cited4 opinions
- Rushmore v. Manhattan Screw & Stamping WorksCourt of Appeals for the Second Circuit · 1908
- Ludington Novelty Co. v. LeonardCourt of Appeals for the Second Circuit · 1903
- N. K. Fairbank Co. v. WindsorCourt of Appeals for the Second Circuit · 1903
- Rushmore v. SaxonCourt of Appeals for the Second Circuit · 1909
3Cited by23 opinions
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- J. C. Penney Co. v. H. D. Lee Mercantile Co.Court of Appeals for the Eighth Circuit · 1941
- Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
- W. G. Reardon Laboratories, Inc. v. B. & B. Exterminators, Inc.Court of Appeals for the Fourth Circuit · 1934
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