Chadeloid Chemical Co. v. Johnson
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern District of Wisconsin; Arthur U. Sanborn, Judge. ■ Suit in equity by the Chadeloid Chemical Company against Samuel C. Johnson and Herbert T. Johnson, doing business under the copartnership name of S. C. Johnson & Son.
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Appeal from the District Court of the United States for the Eastern District of Wisconsin; Arthur U. Sanborn, Judge. ■ Suit in equity by the Chadeloid Chemical Company against Samuel C. Johnson and Herbert T. Johnson, doing business under the copartnership name of S. C. Johnson & Son. Decree for defendants, and complainant appeals.’ Appellant filed its bill to enjoin appellees from infringing patent No. 714888, issued December '2, 1902, to Ellis, for a paint and varnish remover. The bill alleges that appellees are licensees of appellant, and that infringement of the patent was committed by…
1Opinion of the CourtBaker, Circuit Judge
(after stating the facts as above). Since, on a hearing on bill and. answer, only those averments of the bill are to be deemed proven that are not destroyed by taking the answer as true, appellees never trespassed upon appellant’s reservation of price control.
j t ] For appellee’s invasion of appellant’s manufacturing control in 1909, by omitting to put notices of the patent and of the price restriction upon the containers, an action at law for damages would lie; but. injunctive relief being aimed at the prevention of continuing or threatened trespasses, and appellees having ceased to trespass…
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