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WILLCOX & GIBBS SEWING MACH. CO. v. UNION SPECIAL MACH. CO.

25 F.2d 459 (1928)

WILLCOX & GIBBS SEWING MACH. CO. v. UNION SPECIAL MACH. CO.

District Court, N. D. New York.

March 29, 1928.

Attorney(s) appearing for the Case

John P. Judge, of Troy, N. Y. (Philip Mauro and Reeve Lewis, both of Washington, D. C., of counsel), for plaintiff.

Fred P. Fish, of Boston, Mass., Henry N. Paul, of Philadelphia, Pa., and C. L. Sturtevant and Eugene G. Mason, both of Washington, D. C., and H. W. Main, of Malone, N. Y., for defendant.

BRYANT, District Judge.

This is a motion for a preliminary injunction, the object of which is to restrain defendant from manufacturing and selling its sewing machine, classified as its "Thirty Five Seven" model, which plaintiff claims infringes the patent of October 15, 1912, issued to the Willcox & Gibbs Sewing Machine Company, and which embodies principles patented by Borton in 1893.

A preliminary injunction will not be granted, unless the moving affidavits...

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