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" 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 - Страница 104
по Edward Sabine Renwick - 1893 - 155 страници
Пълен достъп - Информация за книгата

Cases Decided in the United States Court of Claims ... with Report ..., Том 114

United States. Court of Claims, Audrey Bernhardt - 1950 - 824 страници
...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...

Albany Law Journal, Том 7

1873 - 532 страници
...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...

Patent Cases Determined in the Supreme Court of the United States ..., Том 2

Charles Sidney Whitman - 1875 - 814 страници
...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...

The Federal Reporter: Cases Argued and Determined in the Circuit ..., Томове 5–6

1881 - 1980 страници
...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...

The Federal Reporter: Cases Argued and Determined in the ..., Томове 253–254

1919 - 2038 страници
...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...

Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1889 - 700 страници
...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...

Cases Argued and Adjudged in the Supreme Court of the United States, Том 14

United States. Supreme Court - 1890 - 736 страници
...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...

Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1894 - 786 страници
...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...

Commentaries on the Law of Persons and Personal Property: Being an ...

Theodore William Dwight - 1894 - 940 страници
...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...

Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1903 - 794 страници
...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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