Legal Opinion

Fetzer & Spies Leather Co. v. I. T. S. Rubber Co.

Court of Appeals for the Sixth Circuit

Decided October 7, 1919No. 3268PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Eastern Division of the Northern District of Ohio; D. C. Westenhaver, Judge. Suit in equity by the I. T. S. Rubber Company against the Fetzer & Spies Leather Company. Decree for complainant, and defendant appeals.

1Per curiam

We approve and adopt the opinion of the District Judge, save in the particulars to be inferred from what we later say; *940but certain points have been pressed upon us by appellant with such force as to call for a summary statement of our conclusions.

1. Nerger discloses a form which we think essentially closer to Tuf-ford than any other earlier patent shows. The substantial difference between Nerger and Tufford is that the lift of the former was scoop-shaped and that of the latter saucer-shaped. These are untechnical and not very accurate terms of description, but they serve to distinguish as…

2Cases cited5 opinions

  1. Diamond Rubber Co. of New York v. Consolidated Rubber Tire Co.Supreme Court of the United States · 1911
  2. American Automotoneer Co. v. PorterCourt of Appeals for the Sixth Circuit · 1916
  3. I. T. S. Rubber Co. v. Panther Rubber Mfg. Co.Court of Appeals for the First Circuit · 1919
  4. Faultless Rubber Co. v. Star Rubber Co.Court of Appeals for the Sixth Circuit · 1913
  5. United States Rubber Co. v. I. T. S. Rubber Co.Court of Appeals for the Sixth Circuit · 1919

3Cited by11 opinions

  1. I. T. S. Rubber Co. v. Essex Rubber Co.Supreme Court of the United States · 1926
  2. Seiberling Rubber Co. v. I. T. S. Co.Court of Appeals for the Sixth Circuit · 1943
  3. I. T. S. Rubber Co. v. Essex Rubber Co.District Court, D. Massachusetts · 1920
  4. Tee Pee Rubber Co. v. I. T. S. Rubber Co.Court of Appeals for the Sixth Circuit · 1920
  5. United States Rubber Co. v. I. T. S. Rubber Co.Court of Appeals for the Sixth Circuit · 1919

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