Bayley & Sons, Inc. v. Blumberg
Court of Appeals for the Second Circuit
Appeal from District Court of the United States for the Southern District of New York. Suit by Bayley & Sons, Incorporated, against Michael J. Blumberg and Mrs. J. Blumberg, doing business under the name of J. Blumberg. From an order dismissing the bill, plaintiff appeals.
1Opinion of the Court
MANTON, Circuit Judge.
The appellant seeks to recover for willful infringement of design patent No. 49,593, for a lighting fixture, issued to the appellant’s assignor, and for which the appellant now holds an assignment. The issues were framed by the service of an amended bill, an answer, and supplemental answer. A motion was then made to dismiss the bill on the merits, for the reason that the *697same “fails to state facts sufficient to constitute a cause of action in equity,” and for the further reason that the facts sought to be adjudicated by the said complaint are res judicata. The District…
2Cases cited4 opinions
- Kansas v. ColoradoSupreme Court of the United States · 1902
- Bayley & Sons, Inc. v. Standart Art Glass Co.Court of Appeals for the Second Circuit · 1918
- Ralston Steel Car Co. v. National Dump Car Co.District Court, D. Maine · 1915
- Bayley & Sons, Inc. v. Braunstein Bros.District Court, S.D. New York · 1917
3Cited by8 opinions
- Tahir Erk v. Glenn L. Martin Co.Court of Appeals for the Fourth Circuit · 1941
- Dubilier Condenser Corporation v. New York Coil Co.Court of Appeals for the Second Circuit · 1927
- Deitel v. La Minuette Trading Co.Court of Appeals for the Second Circuit · 1930
- Jacob Elishewitz & Sons Co. v. Bronston Bros. & Co.Court of Appeals for the Second Circuit · 1930
- Frank v. Western Electric Co.Court of Appeals for the Second Circuit · 1928
3 more not listed; retrieve them via the Exa API.