Scientific American, Volume 56, No. 9, February 26, 1887Various
Science
Scientific American, Volume 56, No. 9, February 26, 1887
Various
Science -- Periodicals; Technology -- Periodicals
Under the old law, the Supreme Court held that in the case, for
example, of a carpet manufacturer who complained of an infringement
of his design or pattern of carpet, the complainant must clearly
prove what portion of the damage, or what portion of the profit made
by the infringer, was due to the use of the patented design. It was
practically impossible to make this showing. Hence the infringer could
imitate the patented design without liability, and the law was a
nullity.
Under the provisions of the new law, the infringer is obliged to
pay the sum of $250 in any event; and if his profits are more than
that sum, he is compelled, in addition, to pay all excess of profits
above $250 to the patentee. It is believed that the penalty of $250,
irrespective of profits, will put a stop to the wholesale system of
infringement heretofore carried on by unscrupulous persons.
The following is the text of the new law:
An act to amend the law relating to patents, trade marks, and copyright.
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That hereafter, during the
term of letters patent for a design, it shall be unlawful for any
person other than the owner of said letters patent, without the license
of such owner, to apply the design secured by such letters patent, or
any colorable imitation thereof, to any article of manufacture for
the purpose of sale, or to sell or expose for sale any article of
manufacture to which such design or colorable imitation shall, without
the license of the owner, have been applied, knowing that the same
has been so applied. Any person violating the provisions, or either
of them, of this section shall be liable in the amount of two hundred
and fifty dollars; and in case the total profit made by him from the
manufacture or sale, as aforesaid, of the article or articles to which
the design, or colorable imitation thereof, has been applied, exceeds
the sum of two hundred and fifty dollars, he shall be further liable
for the excess of such profit over and above the sum of two hundred and
fifty dollars; and the full amount of such liability may be recovered
by the owner of the letters patent, to his own use, in any circuit
court of the United States having jurisdiction of the parties, either
by action at law or upon a bill in equity for an injunction to restrain
such infringement.
SEC. 2. That nothing in this act contained shall prevent,
lessen, impeach, or avoid any remedy at law or in equity which any
owner of letters patent for a design, aggrieved by the infringement
of the same, might have had if this act had not been passed; but such
owner shall not twice recover the profit made from the infringement.
Approved, February 4, 1887.
ARE STEEL GUNS REALLY SUPERIOR?
Public-domain text, read in full here on John Shaqi.
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