Maimin v. Union Special Mach. Co.

Citations

• 187 F. 123
• 109 C.C.A. 41
• 1911 U.S. App. LEXIS 4500

Syllabus

<p>Patents (§ 318*) — Infringement—Profits Kecoyera bee.</p> <p>Complainant made and sold under the name of “Twin Needle. A” a sewing machine containing a patented combination of elements, including the elements of the combination of an expired patent, together with a thread-controlling device which was new, and which was essential to the identity of the machines sold under such name. Defendant bought up secondhand machines of complainant’s make which did not contain tire thread-controlling device, rebuilt and made them over to look like new, added such device, placed thereon medallions taken from worn-out machines containing complainant’s trade-mark, changed the numbers, and resold them as genuine '“Twin Needle A” machines made by complainant. The master found that the thread-controlling device was considered by the trade as essential io fit such machines for the use for which they were bought, and that but for its presence the purchasers would not hare bought them. Belli, that complainant was properly awarded, as profits realized by defendant from the infringement, the entire profits made by him on the machines.</p> <p>I Ed. Note. — For other cases, see Patents, Cent. Dig. §§ 566-576; Dec. Dig. § 318.*</p> <p>Accounting bv infringer for profits, see note to Brickill v. Mayor, etc,, of City of New York, 50 C. C. A. 8.]</p>