Ashley v. Samuel C. Tatum Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States fpr the Southern District of New York. Suit in equity by Frank M. Ashley against the Samuel C. Tatum Company. Decree for complainant (181 Fed. 840), and defendant appeals. The suit was brought for infringement of complainant’s design patent No. 37,504, granted to him August 8, 1905, for design for an inkstand.
Read the full summary
Appeal from the Circuit Court of the United States fpr the Southern District of New York. Suit in equity by Frank M. Ashley against the Samuel C. Tatum Company. Decree for complainant (181 Fed. 840), and defendant appeals. The suit was brought for infringement of complainant’s design patent No. 37,504, granted to him August 8, 1905, for design for an inkstand. Defendant’s inkstand is made under patent to S. F. Hilles, assignor to defendant, granted July 6, 1909, No. 40,125, for- design for an inkstand.
1Opinion of the Court
EACOMBE, Circuit Judge.
Complainant’s patent contains no written description of his invention. It merely states that the figure of the drawing is “a plan view of an inkstand, showing my new design,” and claims “the ornamental design for an inkstand, as shown.” This design is here given:
The defendant’s patent contains a description, which need not be quoted from, and a view of the design, which is here shown:
The two inkstands, when produced in glass, which seems" to 'be the only material used for them, although neither patent refers to material, look much more alike than do the two drawings.
*341[1]…
2Cases cited2 opinions
- Dobson v. DornanSupreme Court of the United States · 1886
- James E. Tompkins Co. v. New York Woven Wire Mattress Co.Court of Appeals for the Second Circuit · 1907
3Cited by31 opinions
- Ashley v. Weeks-Numan Co.Court of Appeals for the Second Circuit · 1915
- American Fabrics Co. v. Richmond Lace WorksCourt of Appeals for the Second Circuit · 1928
- Whiting Mfg. Co. v. Alvin Silver Co.Court of Appeals for the Second Circuit · 1922
- Glen Raven Knitting Mills, Inc. v. Sanson Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1951
- Mygatt v. SchafferCourt of Appeals for the Second Circuit · 1914
26 more not listed; retrieve them via the Exa API.