SEARS, ROEBUCK & CO. v. STIFFEL CO.

No. 108.

376 U.S. 225 (1964)

SEARS, ROEBUCK & CO. v. STIFFEL COMPANY.

Supreme Court of United States.

Decided March 9, 1964.


Attorney(s) appearing for the Case

Will Freeman argued the cause for petitioner. With him on the briefs were Frank H. Marks, D. D. Allegretti and George B. Newitt.

Warren C. Horton argued the cause for respondent. With him on the brief was Max R. Kraus.

Solicitor General Cox, Assistant Attorney General Orrick, Daniel M. Friedman and Lionel Kestenbaum filed a brief for the United States, as amicus curiae, urging reversal.


MR. JUSTICE BLACK delivered the opinion of the Court.

The question in this case is whether a State's unfair competition law can, consistently with the federal patent laws, impose liability for or prohibit the copying of an article which is protected by neither a federal patent nor a copyright. The respondent, Stiffel Company, secured design and mechanical patents on a "pole lamp"— a vertical tube having lamp fixtures...

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