Benjamin Electric Mfg. Co. v. Northwestern Electric Equipment Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Benjamin Electric Manufacturing Company against the Northwestern Electric Equipment Company. From a decree for complainant, defendant appeals. Appeal from decree In equity entered in the District Court for the Southern District of New York.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit by the Benjamin Electric Manufacturing Company against the Northwestern Electric Equipment Company. From a decree for complainant, defendant appeals. Appeal from decree In equity entered in the District Court for the Southern District of New York. Action is upon claims 3, 6, 12. 25, and 28 of patent 1,012,970, issued December 2G, 1911, to It, 15. Benjamin, for that form of electric device known as a “swivel attachment plug.” The staled objects of invention are to give “ready access to the binding…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] Doubtless plaintiff’s product succeeds, in part at least, because it deserves the name “midget” or “dwarf” as compared with its obsolete predecessors; but it is not patentable because it is small, nor did the patentee make any such suggestion. “Midget” is a catchword, good for trade, but not affecting any legal inquiry. There has been too *290much expenditure of language over the excellences thought to be suggested by its use and iteration'.
[2] Appellant has furnished photographs of plaintiff’s and defendant’s “bases”; i. e., the completely assembled plugs,…
2Cases cited6 opinions
- Railway Co. v. SaylesSupreme Court of the United States · 1878
- Minerals Separation, Ltd. v. HydeSupreme Court of the United States · 1916
- O'Rourke Engineering Const. Co. v. McMullenCourt of Appeals for the Second Circuit · 1908
- Miehle Printing Press & Mfg. Co. v. Whitlock Printing Press & Mfg. Co.Court of Appeals for the Second Circuit · 1915
- Boston Woven Hose & Rubber Co. v. Pennsylvania Rubber Co.Court of Appeals for the First Circuit · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Harvey Hubbell, Inc. v. General Electric Co.Court of Appeals for the Second Circuit · 1920
- Boston Pencil Pointer Co. v. Automatic Pencil Sharpener Co.Court of Appeals for the Second Circuit · 1921
- Electric Machinery Mfg. Co. v. General Electric Co.Court of Appeals for the Second Circuit · 1937
- Eclipse MacH. Co. v. J. H. Specialty Mfg. Co.District Court, E.D. New York · 1933
- Dykema v. Liggett Drug Co.Court of Appeals for the Second Circuit · 1938
4 more not listed; retrieve them via the Exa API.