Wagner Typewriter Co. v. F. S. Webster Co.
U.S. Circuit Court for the District of Southern New York
Suit in equity to restrain the defendant from infringing alleged trade-name or trade-mark “Underwood” by selling typewriter ribbons on spools contained in boxes having the name Underwood thereon, and from infringing two certain United States letters patent, viz.: Design patent, No. 81,675, issued October 17, 1899, to Edward J. Manning, assignor to Wagner Typewriter Company, for ribbon spool for typewriting machines, and mechanical patent, No. 650,438, issued Mar- 29, 1900,…
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Suit in equity to restrain the defendant from infringing alleged trade-name or trade-mark “Underwood” by selling typewriter ribbons on spools contained in boxes having the name Underwood thereon, and from infringing two certain United States letters patent, viz.: Design patent, No. 81,675, issued October 17, 1899, to Edward J. Manning, assignor to Wagner Typewriter Company, for ribbon spool for typewriting machines, and mechanical patent, No. 650,438, issued Mar- 29, 1900, to Herman E. Wagner and Franz X. Wagner for ribbon mechanism for typewriters.
1Opinion of the Court
RAY, District Judge.
Complainants make and sell typewriters known as the “Underwood,” also sell typewriter ribbons. John T. Underwood largely identified with complainant company makes the *406typewriter ribbons known as “Underwood ribbons.” Both the Underwood typewriter and the Underwood ribbons are extensively sold and used. In fact, are quite generally. in use. There are many other typewriters, and many other kinds of typewriter ribbons. Some of these ribbons are mounted on spools, and some are not. Some of the typewriters require a spool of a particular size, diameter, and width. This is true…
2Cases cited19 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.Supreme Court of the United States · 1894
- Bloomer v. McQuewanSupreme Court of the United States · 1853
- Wilson v. SimpsonSupreme Court of the United States · 1850
- Cotton-Tie Co. v. SimmonsSupreme Court of the United States · 1882
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3Cited by15 opinions
- Bassick Mfg. Co. v. RM Hollingshead Co.Supreme Court of the United States · 1936
- Bassick Manufacturing Co. v. R. M. Hollingshead Co.Supreme Court of the United States · 1936
- Application of StevensCourt of Customs and Patent Appeals · 1949
- Bergstrom v. Sears, Roebuck and Co.District Court, D. Minnesota · 1980
- Connecticut Telephone & Electric Co. v. Automotive Equipment Co.District Court, D. New Jersey · 1926
10 more not listed; retrieve them via the Exa API.