Miller Rubber Co. v. Behrend
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Miller Rubber Company against Albert Behr-end and Joseph Rothschild, doing business as Behrend & Rothschild. Decree for defendants, and complainant appeals. The plaintiff is a corporation organized under the laws of the state of Ohio. The defendants are citizens of the state of New York and reside in the city of New York.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Miller Rubber Company against Albert Behr-end and Joseph Rothschild, doing business as Behrend & Rothschild. Decree for defendants, and complainant appeals. The plaintiff is a corporation organized under the laws of the state of Ohio. The defendants are citizens of the state of New York and reside in the city of New York. The defendants are charged with the infringement of letters patent No. 1,136,932, issued on April 27, 1915, and of letters patent No. 48,150, granted on November…
1Opinion of the Court
ROGERS, Circuit Judge.
The plaintiff is a manufacturer of toy balloons, its sales amounting to about $150,000 a year. It appears that there are many toy balloon manufacturers throughout the country, and that the aggregate sale of such balloons runs into a substantial sum of money.
The balloons of the patent in suit are known as “watermelon balloons,” because of the striped markings which bear a resemblance to the markings on watermelons, and because of their resemblance to watermelons as respects their shape. The balloon of the defendants is in shape claimed by them to represent a football, but…
2Cases cited16 opinions
- Barney v. LathamSupreme Court of the United States · 1881
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Oliver v. PiattSupreme Court of the United States · 1845
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
- Steffens v. SteinerCourt of Appeals for the Second Circuit · 1916
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- A. C. Gilbert Co. v. ShemitzCourt of Appeals for the Second Circuit · 1930
- Rice & Hutchins, Inc. v. Vera Shoe Co.Court of Appeals for the Second Circuit · 1923
- Gate-Way, Inc. v. HillgrenDistrict Court, S.D. California · 1949
- National Picture Theatres, Inc. v. Foundation Film Corp.Court of Appeals for the Second Circuit · 1920
- Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1940
16 more not listed; retrieve them via the Exa API.