GORHAM COMPANY v. WHITE

Not in source.

81 U.S. 511 (1872)

14 Wall. 511

20 L.Ed. 731

GORHAM COMPANY, v. WHITE.

Supreme Court of United States.

November 18, 1872.


Attorney(s) appearing for the Case

The Circuit Court accordingly decreed a dismissal of the bill, and from that decree the Gorham Company brought the case here, where, after an elaborate and interesting argument by Messrs. C.M. Keller and C.F. Blake, for the appellants, and Messrs. G. Gifford and W.C. Witter, contra.


Mr. Justice STRONG delivered the opinion of the court.

The sole question is one of fact. Has there been an infringement? Are the designs used by the defendant substantially the same as that owned by the complainants? To answer these questions correctly, it is indispensable to understand what constitutes identity of design, and what amounts to infringement?

The acts of Congress which authorize the grant of patents for designs were plainly intended to give encouragement...

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