Legal Opinion

A. C. Gilbert Co. v. Shemitz

Court of Appeals for the Second Circuit

Decided November 17, 1930No. 40PublishedCited by 44 opinions

1Opinion of the Court

AUGUSTUS N. HAND, Circuit Judge.

The bill sets forth two causes of action, the first for infringement of United States design patent No. 75,682, and the second for unfair competition. The design is for a fruit juice extractor. The article shown in the patent is used for extracting the juice of oranges. It has a juice-receiving bowl in which is a shredder element rotated by an electric motor located within the casing of the device. Complainant’s counsel say about the device:

“The bowl has a laterally extending spout from which the juice is discharged into the glass. The motor is started by…

2Cases cited3 opinions

  1. Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
  2. Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
  3. Miller Rubber Co. v. BehrendCourt of Appeals for the Second Circuit · 1917

3Cited by44 opinions

  1. Alfred Bell & Co. Ltd. v. Catalda Fine Arts, Inc.Court of Appeals for the Second Circuit · 1951
  2. General Time Instruments Corp. v. United States Time Corp.Court of Appeals for the Second Circuit · 1948
  3. Chas. D. Briddell, Inc. v. Alglobe Trading Corp.Court of Appeals for the Second Circuit · 1952
  4. Neufeld-Furst & Co. v. Jay-Day Frocks Inc.Court of Appeals for the Second Circuit · 1940
  5. American Safety Table Co. v. SchreiberCourt of Appeals for the Second Circuit · 1959

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