Fry Glass Co. v. McKee Glass Co.

Citations

• 239 Pa. 34
• 86 A. 644
• 1913 Pa. LEXIS 519

Syllabus

<p>Contract — License—Patents—Technical words — Trade words.</p> <p>Where a license contract provides that all “pressed glass blanks for cutting,” which shall be used or sold by the licensee shall be subjected to a finishing operation by some of the methods covered by the letters patent issued to the licensor, the latter is not entitled to an injunction to.prevent the. licensee from selling blanks made from “lime glass” without first subjecting them to the finishing operation of plaintiff’s invention, where it appears as a fact that the' words “pressed glass blanks for cutting” meant in the trade only such as were made from “lead glass,” it further appearing from the wording of the agreement that its whole purpose was to require the use of the invention only on blanks which were used in the .manufacture of “cut glass” and to prohibit their use on blanks used in the manufacture of “imitation cut glass.”</p>