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, and sufficient to induce him to purchase one, supposing it to... Patentable Invention - Page 104by Edward Sabine Renwick - 1893 - 155 pagesFull view - About this book
| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1950 - 824 pages
...impressions made by the same plate. Experts, therefore, are not the persons to be deceived. * * • • e We hold, therefore, that if. in the eye of an ordinary...— 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... | |
| 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
...purchase one, supposing it to be the other — the one first patented is infringed by the other. * « * we hold, therefore, that, if, in the eye of an ordinary...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... | |
| United States. Patent Office - Copyright - 1889 - 700 pages
...buy and use — are sufficient to relieve an imitating design from condemnation as an infringement. We hold, therefore, that if in the eye of an ordinary...resemblance is such as to deceive such an observer, indncing him to purchase one supposing it to be the other, the first one patented is infringed by the... | |
| 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... | |
| United States. Patent Office - Copyright - 1894 - 786 pages
...design patent is laid down by the Snpreme Court in GorUam Co. v. White, (14 Wall., 528,) as follows: If, in the eye of an ordinary observer, giving such...gives, two designs are substantially the same, if the resemblaucu is such as to deceive such an observer, inducing him to purchase one supposing it to be... | |
| 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... | |
| United States. Patent Office - Copyright - 1903 - 794 pages
...without regard to their functions. As said by the Supreme Court in Gor/tain v. White, (2 OG, 592:) If in the eye of an ordinary observer, giving such...designs are substantially the same, if the resemblance i* such as to deceive such an observer, inducing, him to purchase one supposing it to be the other,... | |
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