Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 150 security for costs Year: 1938 Page 1 of about 1 results (1.844 seconds)

Armstrong Paint and Varnish Works Vs. Nu-enamel Corp.

Court : US Supreme Court

Armstrong Paint & Varnish Works v. Nu-Enamel Corp. - 305 U.S. 315 (1938) U.S. Supreme Court Armstrong Paint & Varnish Works v. Nu-Enamel Corp., 305 U.S. 315 (1938) Armstrong Paint & Varnish Works v. Nu-Enamel Corp. No. 51 Argued November 7, 8, 1938 Decided December 5, 1938 305 U.S. 315 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus 1. A registrant under the Trade Mark Act of March 19, 1920, of the name Nu-Enamel, for enamels and kindred products, brought suit in the federal district court to enjoin infringement by a competitor who was using in the sale of enamels the name Nu-Beauty Enamel. The bill alleged, inter alia, that, in the trade, the name Nu-Enamel had come to mean the plaintiff and its products exclusively; that the mark distinguished plaintiff's goods from others of the same class, and that Nu-Beauty Enamel was being passed off by merchants as the product of the plaintiff. Held: (1) It being conceded by the answer that the name Nu...

Attorney-general of Alberta Vs. Attorney-general of Canada, and Others

Court : Privy Council

Lord Maugham: This is an appeal by the Attorney-General of Alberta from a judgment of the Supreme Court of Canada (Duff C.J., Cannon, Crocket, Davis, Kerwin and Hudson JJ.) dated 4th March 1938 on a reference to them by the Governor-General of Canada under S. 55, Supreme Court Act (Revised Statutes of Canada, 1927, c. 35). The subject of the reference and of this appeal is the power of the Legislature of the Province of Alberta to enact three Bills which had been presented to the Lieutenant-Governor of Alberta for assent on 5th October 1937, and reserved by him for the signification of the Governor-General's pleasure. By order in Council dated 2nd November 1937 the Governor-General referred the following questions to the Supreme Court of Canada for hearing and consideration : 1. Is Bill No. 1, entitled ' an Act respecting the Taxation of Banks' or any of the provisions thereof and in what particular or particulars or to what extent intra vires of the Legislature of the Province of Albe...

United States Vs. O'Donnell

Court : US Supreme Court

United States v. O'Donnell - 303 U.S. 501 (1938) U.S. Supreme Court United States v. O'Donnell, 303 U.S. 501 (1938) United States v. O'Donnell No. 487 Argued March 1, 2, 1938 Decided March 28, 1938 303 U.S. 501 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In a suit to quiet its title to a part of Mare Island in San Francisco Bay, within the territory acquired from Mexico by the Treaty of Guadalupe Hidalgo, the United States claimed under a deed to it in 1853 by Bissell and Aspinwall, who derived their title through a grant in 1841 by Alvarado, Mexican Governor of California, to Castro. Respondents claimed under a patent issued by California to Darlington in 1857, purporting to convey the land in question as a part of the swamp or overflowed lands granted to the State Page 303 U. S. 502 by the Swamp Lands Act of 1850. The Board of Land Commissioners, created by the Mexican Claims Act of 1851, had confirmed the title of Bissell and Aspin all in ...

United States Vs. Klamath and Moadoc Tribes of Indians

Court : US Supreme Court

United States v. Klamath & Moadoc Tribes of Indians - 304 U.S. 119 (1938) U.S. Supreme Court United States v. Klamath & Moadoc Tribes of Indians, 304 U.S. 119 (1938) United States v. Klamath & Moadoc Tribes of Indians No. 707 Argued April 1, 4, 1938 Decided April 25, 1938 304 U.S. 119 APPEAL FROM THE COURT OF CLAIMS Syllabus 1. In a treaty by which the Klamath and other tribes of Indians ceded land which they had held in immemorial possession, part was retained, "until otherwise directed by the President," to be set apart as a residence for the Indians and "held and regarded as an Indian reservation." Part of the reserved land was subsequently appropriated by the United States. Held: (1) That the words quoted did not detract from the tribes' right of occupancy. P. 304 U. S. 122 . (2) In ascertaining just compensation for the land appropriated, the value of the standing timber should be included. Id. (3) While the United States has power to control and manage the affai...

Mubarak HusaIn Vs. Sagar Mal and ors.

Court : Allahabad

Reported in : AIR1938All321

Iqbal Ahmad, J.1. The question that arises for consideration in the present appeal is whether the defendants, who have certain groves in mahal Bakar Ali and mahal Gobardhan Das in village Pachenda Kalan, have a transferable right in the trees of those groves, and on the answer to that question depends the decision of this appeal. The difficulty in answering the question is occasioned not so much by the apparent conflict in the reported decisions of this Court concerning the rights of persons who have planted groves on their occupancy or non occupancy holdings or on lands let to them with the object of planting a grove, as by the fact that the question at issue in the present appeal has on previous occasions been the subject of decisions by Courts in litigations between the zamindar and the holders of the groves in the two mahals, and the decisions have by no means been uniform. In particular there is irreconcilable conflict between a decision of the Board of Revenue and a decision of t...

inland Revenue Commissioners Vs. British Salmson Aero Engines, Ltd.

Court : Kolkata

Reported in : [1939]7ITR245(Cal)

Appeal from two decisions of Finaly, J.The facts were stated by Greene, M. R., as follows : -'These two appeals arise out of five assessments to income-tax made on British Salmson Aero Engines, Ltd, under rule 21 of the General Rules. The assessments were in respect of certain payments made by the taxpayer, the company - I will call it the English company - under an agreement of October 25, 1929. It appears that the English company was incorporated shortly before that agreement was executed for the purpose of entering into it, the object of the agreement and of the incorporation being to acquire the sole licence to manufacture and sell in the United Kingdom of Great Britain and Ireland and its Dominions, Colonics and Dependencies the aeroplane engines made by a French Company, the other party to the agreement, called Society des Moteurs Salmson, of France. The agreement provides for certain payment to be made by the English company to the French company, and it is in respect of those p...

General Talking Pictures Corp. Vs. Western Elec. Co.

Court : US Supreme Court

General Talking Pictures Corp. v. Western Elec. Co. - 305 U.S. 124 (1938) U.S. Supreme Court General Talking Pictures Corp. v. Western Elec. Co., 305 U.S. 124 (1938) General Talking Pictures Corporation v. Western Electric Co. No. 1 Reargued October 19, 20, 1938 Decided November 21, 1938 305 U.S. 124 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The owner of a patent may lawfully restrict his licensee to manufacture and sale of the patented invention for use in only one or some of several distinct fields in which it is useful, excluding him from the others. P. 305 U. S. 125 . 2. Where a licensee, so restricted, makes and sells the patented article for a use outside the scope of his license, he is an infringer, and his vendee, buying with knowledge of the facts, is likewise an infringer. P. 305 U. S. 127 . 3. In this case, the Court has no occasion to consider (a) what the rights of the parties would have been if the articles embodying t...

Kellogg Co. Vs. National Biscuit Co.

Court : US Supreme Court

Kellogg Co. v. National Biscuit Co. - 305 U.S. 111 (1938) U.S. Supreme Court Kellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938) Kellogg Company v. National Biscuit Company Nos. 2 and 56 Argued October 10, 1938 Decided November 14, 1938 305 U.S. 111 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus 1. The term "shredded wheat" is generic, and no exclusive right to its use may be acquired. P. 305 U. S. 116 . 2. Moreover, "shredded wheat" was the general designation of the product made under the product and process patents issued to Perky, upon the expiration whereof there passed to the public not only the right to make the article as it was made during the patent period, but also the right to apply thereto the name by which it had become known. P. 305 U. S. 117 . 3. To establish, by application of the doctrine of secondary meaning, the exclusive right to "shredded wheat" as a tradename, the claimant must show that the primary significance o...

United States Vs. Esnault-pelterie

Court : US Supreme Court

United States v. Esnault-Pelterie - 303 U.S. 26 (1938) U.S. Supreme Court United States v. Esnault-Pelterie, 303 U.S. 26 (1938) United States v. Esnault-Pelterie No. 231 Argued January 7, 1938 Decided January 31, 1938 303 U.S. 26 CERTIORARI TO THE COURT OF CLAIMS Syllabus 1. Review by this Court of a judgment of the Court of Claims against the United States in a suit for infringement of a patent, brought under the Act of June 25, 1910, as amended, is limited to questions of law. P. 303 U. S. 28 . 2. In a patent case in the Court of Claims under the Act of 1910, the questions of validity and infringement are questions of fact. P. 303 U. S. 29 . 3. The duty of the Court of Claims to find the ultimate facts, requires that it resolve conflicting inferences and draw the necessary factual conclusions from the evidence. Id. 4. The Court of Claims made elaborate circumstantial findings preceding its two ultimate findings that the patent sued on was valid and infringed by the...

General Elec. Co. Vs. Wabash Appliance Corp.

Court : US Supreme Court

General Elec. Co. v. Wabash Appliance Corp. - 304 U.S. 364 (1938) U.S. Supreme Court General Elec. Co. v. Wabash Appliance Corp., 304 U.S. 364 (1938) General Elec. Co. v. Wabash Appliance Corp. No. 453 Argued March 4, 7, 1938 Decided May 16, 1938 304 U.S. 364 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Product claims 25-27, of Patent No. 1,410,499, to Pacz, for a filament for electric incandescent lamps or other devices, composed substantially of tungsten and made up mainly of a number of comparatively large grains of such size and contour as to prevent substantial sagging and offsetting during a normal or commercially useful life for such a lamp or other device, held void for want of a sufficiently definite disclosure. R.S. 4888; 35 U.S.C. 33. P. 304 U. S. 368 . 2. Claimed inventions, improvements, and discoveries, turning on points so refined as the granular structure of products, require precise descriptions of the new characteris...