 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1950 - 824 pages
...plate. Experts, therefore, are not the persons to be deceived. * * • • e We hold, therefore, that if. in the eye of an ordinary observer, giving such...— if the resemblance is such as to deceive such observer, inducing him to purchase one supposing it to be the other — the first one patented is lnfringed... | |
 | Law - 1873 - 532 pages
...not essential to identity of design that the appearance should be the same to the eye of an expert. If, in the eye of an ordinary observer, giving such...resemblance is such as to deceive such an observer, and sufficient to induce him to purchase one, supposing it to be the other, the one first patented... | |
 | United States. Circuit Courts, Samuel Sparks Fisher - Patent laws and legislation - 1874 - 708 pages
...sufficient to relieve an imitating design from condemnation as an infringement. We hold, therefore, that if, in the eye of an ordinary observer, giving such...the first one patented is infringed by the other. Applying this rule to the facts of the present case, there is very little difficulty in coming to a... | |
 | Charles Sidney Whitman - Copyright - 1875 - 814 pages
...not essential to identity of design that the appearance should be the same to the eye of an expert. If in the eye of an ordinary observer, giving such...resemblance is such as to deceive such an observer, and sufficient to induce him to purchase one, supposing it to be the other, the one first patented... | |
 | Law reports, digests, etc - 1881 - 1980 pages
...is not essential to the identity of the design that it should be the same to the eye of an expert. If, in the eye of an ordinary observer, giving such...resemblance is such as to deceive such an observer, and sufficient to induce him to parchase one, supposing it to be the other, — the one first patented... | |
 | Law reports, digests, etc - 1919 - 2038 pages
...be the other — the one first patented is infringed by the other. * « * we hold, therefore, that, if, in the eye of an ordinary observer, giving such...gives, two designs are substantially the same, if tho resemblance is such as to deceive such an observer, inducing him to purchase one, supposing it... | |
 | Orlando Bump - Copyright - 1884 - 912 pages
...imitating design from condemnation as an infringement. If in the eye of an ordinary observer, therefore, giving such attention as a purchaser usually gives,...the first one patented is infringed by the other. Gorham Manuf. Co. v. White, 6 Fish. 94 ; sc 14 Wall. 511 ; 7 Blatch. 513 ; sc 2 OG 593 ; Miller t>.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 736 pages
...which the appearance is given ; the sameness of effect upon the eye. Gorham Company v. White, 511. 2. If, in the eye of an ordinary observer, giving such attention as ap*urchaser usually gives, two designs are substantially the same, — it' the resemblance is such... | |
 | Edward Sabine Renwick - Patent laws and legislation - 1893 - 186 pages
...the mind of the designer and to that conception he gave expression. * * * "We hold, therefore, that if, in the eye of an ordinary observer, giving such...the first one patented is infringed by the other." In the Gorham case there was no evidence before the court to the effect that the general configuration... | |
 | Theodore William Dwight - Personal property - 1894 - 940 pages
...that the appearance should be the same to the eye of an expert. The test of a patent for a design is the eye of an ordinary observer, giving such attention as a purchaser usually gives. The true test of identity of design must be sameness of appearance.1 (a) The question of the infringement... | |
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We hold, therefore, that if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing... 
