Laurence A. Sweet Mfg. Co. v. Miller & Pardee, Inc.

By the decree below it is held that three slightly differing forms of radiator caps designated as Exhibits S, T, and U, manufactured and marketed by defendants (appellants), infringe plaintiff’s design patent No. 60878, issued to Pardee, De Wire, and Suporter, April 18, 1922. The claim of the-patent is for “the ornamental 'design for a radiator cap substantially as shown” in the-drawings. When installed, the design as it. appears from the front of the ear consists of' a circular body capping the radiator spout or intake, an arm on either side extending horizontally and terminating in a knob or ball; a plate, in the form of a shield, positioned' centrally, with the pointed lower portion thereof concealing a part of the body of the cap -and the upper portion rising above the body to the lower rim of a circular shaped’ motor meter, the stem of which is completely concealed thereby. It is conceded by plaintiff that the body with the extending arms and the motor meter, both separately and in combination, as shown in the patent,, are old' in the art; and, of course, it necessarily eon-cedes that there is no novelty in the figure of a sbield or a metal .plate m that form. It seems to…