GORHAM COMPANY v. WHITE


81 U.S. 511 (1871)

14 Wall. 511

GORHAM COMPANY v. WHITE.

Supreme Court of United States.


Attorney(s) appearing for the Case

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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