Meccano, Ltd. v. John Wanamaker, NY

Citations

• 253 U.S. 136
• 40 S. Ct. 463
• 64 L. Ed. 822
• 1920 U.S. LEXIS 1455

Syllabus

<p>A decree of the Circuit Court of Appeals in a suit for infringement of patent and copyright and for unfair competition, is reviewable by this court on certiorari, as if on appeal. P. 140. Jud. Code, §§ 128, 240.</p> <p>An order of the Circuit Court of Appeals reversing an order of the District Court awarding -a preliminary injunction will hot be reversed by this court unless clearly erroneous. P. 141.</p> <p>Upon appeal from an order granting a preliminary injunction, it is proper for the Circuit Court of Appeals to consider a change of circumstances resulting from the reversal of a decree in another circuit iipon which the District Court relied. Id.</p> <p>Upon an appeal under Jud. Code, § 129, from an order granting a preliminary injunction against the defendant, it would be erroneous for the Circuit Court of Appeals to grant a final decree for the plaintiff upon proof by affidavit of a recent decree in another circuit claimed to work an estoppel in plaintiff’s favor; for defendant must have opportunity to set up and establish its defenses. Id.</p> <p>A conflict of views claimed to exist between the Circuit Court of Appeals in this ease and a Circuit Court of Appeals of another circuit in a suit over the same subject and, as claimed, between the same parties in interest, held not to justify this court in deciding the merits . on interlocutory appeal. P. 142.</p>