Ashley v. Weeks-Numan Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree entered in the District Court of the United States for the Southern District of New York on April 17, 1914-, sustaining design letters patent No. 42,077, granted January 9, 1912, to Frank M. Ashley for a design for an inkstand, finding that defendant had infringed said patent and awarding an injunction and an accounting, with costs.
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Appeal from the District Court of the United States for the Southern District of New York. This cause comes here on appeal from a decree entered in the District Court of the United States for the Southern District of New York on April 17, 1914-, sustaining design letters patent No. 42,077, granted January 9, 1912, to Frank M. Ashley for a design for an inkstand, finding that defendant had infringed said patent and awarding an injunction and an accounting, with costs. On January 10, 1912, Frank M. Ashley granted, for an agreed royalty, to the Cushman & Denison Manufacturing Company, one of the…
1Opinion of the Court
ROGERS, Circuit Judge.
The patent in suit in the specification states that the essence of the invention resides in the general form and relative proportions of the base and cover which presents to the eye an appearance of a low, comparatively wide construction, having a very neat and artistic effect. The claim is for “the ornamental design for an inkstand as shown and described.”
The drawing as explained in the specification is as follows:
“A indicates the body portion of the inkstand containing the reservoir for the ink. This body portion is of rectangular form and having a greater length than…
2Cases cited7 opinions
- Gorham Co. v. WhiteSupreme Court of the United States · 1872
- Dunlap v. SchofieldSupreme Court of the United States · 1894
- Herman v. Youngstown Car Mfg. Co.Court of Appeals for the Sixth Circuit · 1911
- Dobson v. DornanSupreme Court of the United States · 1886
- Graff, Washbourne & Dunn v. WebsterCourt of Appeals for the Second Circuit · 1912
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3Cited by43 opinions
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- Sears, Roebuck & Co. v. TalgeCourt of Appeals for the Eighth Circuit · 1944
- Flat Slab Patents Co. v. TurnerCourt of Appeals for the Eighth Circuit · 1922
- Freeman v. AltvaterCourt of Appeals for the Eighth Circuit · 1933
- Wilson v. Haber Bros.Court of Appeals for the Second Circuit · 1921
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