Tolman Bros. Mfg. Co. v. Silberstein

U.S. Circuit Court for the District of Southern New York

Tolman Bros. Mfg. Co. v. Silberstein

176 F. 373, 1909 U.S. App. LEXIS 5784

CourtU.S. Circuit Court for the District of Southern New York

DecidedDecember 16, 1909

StatusPublished

This text of 176 F. 373 (Tolman Bros. Mfg. Co. v. Silberstein) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tolman Bros. Mfg. Co. v. Silberstein, 176 F. 373, 1909 U.S. App. LEXIS 5784 (circtsdny 1909).

Pincite

Opinion

NOYES, Circuit Judge.

The patent in suit has never been adjudicated, and the defendant asserts that he intends to contest its validity. The affidav its and earlier patents show that there is a serious question as to its novelty. The proof as to long-continued acquiescence is not sufficient. Regarded as a suit to restrain the infringement of a patent, the case is too doubtful to warrant the issuance of a preliminary injunction.

If it be possible to regard tlie suit as one to restrain unfair competition, the same conclusion must be reached. The affidavits fail to show imitation of the complainant’s article in unessential particulars.

The application for a preliminary injunction is denied.

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NOYES, Circuit Judge.

The patent in suit has never been adjudicated, and the defendant asserts that he intends to contest its validity. The affidav its and earlier patents show that there is a serious question as to its novelty. The proof as to long-continued acquiescence is not sufficient. Regarded as a suit to restrain the infringement of a patent, the case is too doubtful to warrant the issuance of a preliminary injunction.

If it be possible to regard tlie suit as one to restrain unfair competition, the same conclusion must be reached. The affidavits fail to show imitation of the complainant’s article in unessential particulars.

The application for a preliminary injunction is denied.

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Bluebook (online)

176 F. 373, 1909 U.S. App. LEXIS 5784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolman-bros-mfg-co-v-silberstein-circtsdny-1909.