Charles Boldt Co. v. Nivison-Weiskopf Co.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for.the Southern District of Ohio. Suit in equity by. the Charles Boldt Company against the Nivison-Weiskopf Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
SATER, District Judge.
On April 20, 1909, the complainant obtained a patent, No. 39,921, for a design for bottles, claimed to be new, original, and ornamental. He sued the defendant for infringement. The patent was held invalid on demurrer, as not involving the exercise of inventive genius, and the bill was dismissed. The case is here to secure a reversal of the Circuit Court.
His claim is for the ornamental design for a bottle shown by the two figures appearing in his patent. The description and claim are sufficient. The purport of the description is that what the drawings represent as a whole…
2Cases cited16 opinions
- McClain v. OrtmayerSupreme Court of the United States · 1891
- Brown v. PiperSupreme Court of the United States · 1875
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Risdon Iron & Locomotive Works v. MedartSupreme Court of the United States · 1895
- Slawson v. Grand Street RailroadSupreme Court of the United States · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ferro Concrete Const. Co. v. Concrete Steel Co.Court of Appeals for the Sixth Circuit · 1913
- International Mausoleum Co. v. SievertCourt of Appeals for the Sixth Circuit · 1914
- White v. Leanore Frocks, Inc.Court of Appeals for the Second Circuit · 1941
- Imperial Glass Co. v. HeiseyCourt of Appeals for the Sixth Circuit · 1923
- Krell Auto Grand Piano Co. v. Story & Clark Co.Court of Appeals for the Seventh Circuit · 1913
10 more not listed; retrieve them via the Exa API.