Rushmore v. Manhattan Screw & Stamping Works
Court of Appeals for the Second Circuit
Appeal from the. Circuit Court of the United States for the Southern District of New York. . On appeal from an order granting a preliminary injunction enjoining the defendant, its officers, employés, and agents “not to manufacture, sell, or use, exhibit or advertise, any automobile lamp or lamps having inclosing eases or shells made in imitation of, or resembling, or a colorable variation of,' the Rushmore ‘Flare Front’ search-light lamp, exhibited to this court herein, and…
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Appeal from the. Circuit Court of the United States for the Southern District of New York. . On appeal from an order granting a preliminary injunction enjoining the defendant, its officers, employés, and agents “not to manufacture, sell, or use, exhibit or advertise, any automobile lamp or lamps having inclosing eases or shells made in imitation of, or resembling, or a colorable variation of,' the Rushmore ‘Flare Front’ search-light lamp, exhibited to this court herein, and of which a sample has been offered, marked -‘Exhibit A,’ except in so far as such lamps may be the genuine lamps made by…
1Opinion of the CourtCoxe, Circuit Judge
(after stating the facts as above). In December, 1905, the complainant adopted a design for the shell of an automobile lamp and in the following January exhibited it at the exhibition of automobiles at Madison Square Garden, ’New York. This is the complainant’s lamp in controversy. Its exterior is pleasing to the eye and it is unquestionably a high grade lamp, but there is nothing strikingly novel or ornamental about it. In general contour it> resembles the search light which has for years been in use upon excursion boats and vessels of war, the principal difference being in the addition, by…
2Cases cited6 opinions
- Hall Signal Co. v. General Ry. Signal Co.Court of Appeals for the Second Circuit · 1907
- Yale & Towne Mfg. Co. v. AlderCourt of Appeals for the Second Circuit · 1907
- Enterprise Mfg. Co. v. Landers, Frary & ClarkCourt of Appeals for the Second Circuit · 1904
- Marvel Co. v. PearlCourt of Appeals for the Second Circuit · 1904
- West Disinfecting Co. v. FrankCourt of Appeals for the Second Circuit · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
- Kellogg Toasted Corn Flake Co. v. Quaker Oats Co.Court of Appeals for the Sixth Circuit · 1916
26 more not listed; retrieve them via the Exa API.