Registration of Designs: Hearings Before the United States Senate Committee on Patents, Sixty-Fourth Congress, Second Session, OnS. 6925 |
Common terms and phrases
239 West Thirty-ninth American designs American manufacturer American Type Founders application for registration artistic merit Association bill BRADFORD butterfly CHAIRMAN Chicago Commissioner of Patents Committee on Patents concern Congress copy Courier-Journal court December 16 defendant design patent design registration electrotypes embodied facture fashion fashion journal favor fee of $1 filed font of type gentlemen going GOTTHELF granted hearings industry infringement Keystone Type Foundry Lace Manufacturers Lanston Monotype Machine litigation manu manufac manufactured product matter Miss COLLATT monopoly NELSON original designs Paris patent law Patent Office patterns plaintiff printed printers protection published question registration hereunder registration of designs represent SCHLOSS secret registrations sell Senator BRANDEGEE Senator COLT SHEEHAN silk South Dearborn statement STEELE stove manufacturers STUART suit surface design term thereof thing tion to-day trade type faces United West Thirty-ninth Street York York City
Popular passages
Page 9 - That in construing this Act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof: The United States includes and embraces all territory which is under the jurisdiction and control of the United States. The word
Page 3 - Tariff Act of 1930, no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer, or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privileges to citizens of the United States...
Page 6 - ... misfortune which he has brought upon himself and an instance of a double wrong causing double liability. He cannot appeal to a court of conscience to cast the loss upon an innocent patentee and by judicial decree repeal the provision of Rev. Stat., § 4921, which declares that in case of infringement the complainant shall be entitled to recover the "profits to be accounted for by the defendant.
Page 6 - ... the courts may dispense with any recovery of profits and damages. In any suit or action brought for the infringement of any copyright registered hereunder there shall be no recovery of profits or damages or other relief granted for any infringement committed more than...
Page 7 - In any action or suit for infringement by a party failing so to mark the manufactured product no recovery shall be adjudged the plaintiff except on proof that the defendant was notified of the registration and of his infringement thereof and that he continued after such notice to make or vend the product bearing the registered design, or that failure to mark was merely occasional and inadvertent, in no wise affecting the general notice intended by the accustomed marking.
Page 4 - ... within the United States, shall, before the issuance of the certificate of registration, as hereinafter provided for, designate, by a notice in writing, filed in the Patent Office, some person residing within the United States on whom process or notice of proceedings affecting the right of ownership of the trade-mark of which such applicant may claim to be the owner, brought under the provisions of this...
Page 8 - SEC. 24. That rights evidenced by a certificate of registration shall be limited to the manufactured product, or products of similar character, substantially as specified in the certificate, except in the case of surface designs, in class thirteen of section twenty-three. SEC. 25. That in any action for infringement of...
Page 7 - ... court to which such copy or copies may be forwarded under the provisions of this section shall forthwith make the same a part of its record; and any such record, judgment, or decree may thereafter be made, as far as applicable, the basis of an application to that court for injunction or other relief by any court in which such copies shall have been recorded; and in the preparation of such copies the printed copies of the record of either party on file with the clerk may be used without charge...
Page 70 - 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 it to be the other, the first one patented is infringed by the other.
Page 6 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.