 We hold, therefore, that if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing...  American Law and Procedure - 161. lappuselaboja - 1910Pilnskats - Par šo grāmatu
 | Adam L. Brookman - 1999 - 1005 lapas
...determined by application of the ordinary observer test first articulated by the Supreme Court in 1872: If, in the eye of an ordinary observer, giving such...same, if the resemblance is such as to deceive such anobserver, inducing him to purchase one supposing it to be the other, the first one patented is infringed... | |
 | Peter S. Canelias - 2001 - 736 lapas
...lnc., 923 F.2d 1 67, 1 69 1 7 USPQ2d 1 401 (Fed. Cir. 1991) (citation omitted). The test applied is "[i]f, in the eye of an ordinary observer, giving...to purchase one supposing it to be the other, the first one patented is infringed by the other." Gorham Co. v. White, 81 US 511,528(1 871 ). In analyzing... | |
 | Howard B. Rockman - 2004 - 541 lapas
...States. The Gorham test, which is also commonly known as the "Ordinary Observer" test states that: "If in the eye of an ordinary observer, giving such...to purchase one supposing it to be the other, the first one patented is infringed by the other." Thus, a second design does not have to be identical... | |
 | George Ticknor Curtis - 2005 - 792 lapas
...sufficient io relieve an imitating design from condemnation as an infringement. " We hold, therefore, that if, in the eye of an ordinary observer, giving such...to purchase one supposing it to be the other, the first one patented is infringed by the other." Applying the above rules to the facts of the case at... | |
 | United States. Congress. House. Com. on patents - 1916 - 288 lapas
...sufficient to relieve an imitating design from condemnation as an infringement. "We hold, therefore, that if, in the eye of an ordinary observer, giving such...to purchase one supposing it to be the other, the first one patent«! is infringed by the other." In Dominick et al. v. Wallace et ni (209 Fed., 223;... | |
 | United States. Patent Office - 1915 - 512 lapas
...design patent is laid down by the Supreme Court in Gorham Co. vs. White (14 Wall., 528) as follows: "If, in the eye of an ordinary observer, giving such...resemblance is such as to deceive such an observer, 17 inducing him to purchase one supposing it to be the other, the first one patented is infringed by... | |
 | United States. Patent Office - 1880 - 806 lapas
...is not essential to the identity of the design that it -should be the same to the eye of an expert. If in the eye of an ordinary observer, giving such...resemblance is such as to deceive such an observer and sufficient to induce him to purchase one supposing it to be the other, the one first patented is... | |
 | 112 lapas
...test for finding infringement of a design patent is whether the two designs are substantially the same "in the eye of an ordinary observer, giving such attention as a purchaser usually gives," the Supreme Court also included the requirement "if the resemblance is such as to deceive such an observer,... | |
| |
