Legal Opinion

Zangerle & Peterson Co. v. Venice Furniture Novelty Mfg. Co.

Court of Appeals for the Seventh Circuit

Decided January 26, 1943No. 8044PublishedCited by 43 opinions

1Opinion of the Court

MINTON, Circuit Judge.

This is a suit to enjoin the infringement of a patent and to recover damages therefor; and in the alternative, for the same relief for alleged unfair competition. The trial court found the patent invalid and the charges as to unfair competition not' sustained, and dismissed the complaint. The plaintiff appeals.

The first question we are required to decide is as to the validity of the patent. If the patent is valid, infringement is admitted.

The patent No. 126,548 was issued April 8, 1941, to John W. Wilson on his application filed February 4, 1941, and the plaintiff is now…

2Cases cited11 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  4. Sinko v. Snow-Craggs CorporationCourt of Appeals for the Seventh Circuit · 1939
  5. S. Dresner & Son, Inc. v. DoppeltCourt of Appeals for the Seventh Circuit · 1941

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3Cited by43 opinions

  1. Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
  2. Ross-Whitney Corp. v. Smith Kline & French LaboratoriesCourt of Appeals for the Ninth Circuit · 1953
  3. General Time Instruments Corp. v. United States Time Corp.Court of Appeals for the Second Circuit · 1948
  4. West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
  5. Chas. D. Briddell, Inc. v. Alglobe Trading Corp.Court of Appeals for the Second Circuit · 1952

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