Ludington Novelty Co. v. Leonard

Citations

• 119 F. 937
• 1902 U.S. App. LEXIS 5353

Syllabus

<p>1, Patents—Construction of Claims—Amendments in Patent Office.</p> <p>An element or feature added to a claim of a patent by amendment to meet objections of the patent office in order to obtain a patent must be held essential in a suit for infringement.</p> <p>2. Same—Infringement—Game-Boards.</p> <p>The Haskell patent No. 602,179, for a game-board, claims' 1, 3 and 6 construed, and held not infringed.</p> <p>8. Same.</p> <p>The Fuller patent No. 666,742, for a game-board, claims 1 and 2 construed, and held not infringed.</p> <p>,4. Trade-Marks—Descriptive Word—“Carroms.”</p> <p>The word “Carroms” as applied to a game to be played with disks, where the object is not to strike two disks together, but to drive a single one into a pocket, or to the boards on which such game is played, is not so descriptive but that it may be appropriated as a trade-mark. The Haskell registered trade-mark No. 29,775, for the word “Carroms” as applied to game-boards, held valid and infringed.</p> <p>¶ 2. Arbitrary, descriptive or fictitious character of trade-marks and trade-names, see note to Searle & Hereth Co. v. Warner, 50 C. C. A. 323.</p>