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Gorham Co. v. White

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Gorham Co. v. White
Argued April 24–25, 1872
Decided November 18, 1872
Full case nameGorham Company v. White
Citations81 U.S. 511 (more)
14 Wall. 511; 20 L. Ed. 731; 1871 U.S. LEXIS 1018
Holding
It is not essential to identity of design that the appearance should be the same to the eye of an expert. If, to an ordinary observer, the resemblance is sufficiently deceptive as to induce him to purchase one, supposing it to be the other, then the one first patented is infringed by the other.
Court membership
Chief Justice
Salmon P. Chase
Associate Justices
Samuel Nelson · Nathan Clifford
Noah H. Swayne · Samuel F. Miller
David Davis · Stephen J. Field
William Strong · Joseph P. Bradley

Gorham Co. v. White, 81 U.S. (14 Wall.) 511 (1872), was a United States Supreme Court case in which the Court held it is not essential to identity of design that the appearance should be the same to the eye of an expert. If, to an ordinary observer, the resemblance is sufficiently deceptive as to induce him to purchase one, supposing it to be the other, then the one first patented is infringed by the other.[1]

References

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  1. ^ Gorham Co. v. White, 81 U.S. (14 Wall.) 511 (1872).
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