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“it has been consistently held for many years that it is the appearance of a design as a whole which is controlling in determining questions of patentability and infringement”
Treatment trajectory · 1961 → 2026 · click a year to view as-of
1961
1993
2026
Top citers, strongest first. 9 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Robert W. Lee D/B/A Rollo-Laxer v. Dayton-Hudson Corporation D/B/A Target Stores and Matrix International, Inc.
it has been consistently held for many years that it is the appearance of a design as a whole which is controlling in determining questions of patentability and infringement
discussed
Cited "see"
Keystone Retaining Wall Systems, Inc. v. Westrock, Inc.
See Lee v. Dayton-Hudson Corp., 838 F.2d 1186, 1188-89 , 5 USPQ2d 1625, 1627 (Fed.Cir.1988). "[I]t is the appearance of a design as a whole which is controlling in determining questions of patentability and infringement." In re Rubinfield, 270 F.2d 391, 395 , 123 USPQ 210, 214 (CCPA 1959), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960).
discussed
Cited "see"
KeyStone Retaining Wall Systems, Inc. v. Westrock, Inc.
See Lee v. Dayton-Hudson Corp., 838 F.2d 1186, 1188-89 , 5 USPQ2d 1625, 1627 (Fed.Cir.1988). “[I]t is the appearance of a design as a whole which is controlling in determining questions of patentability and infringement.” In re Rubinfield, 270 F.2d 391, 395 , 123 USPQ 210, 214 (CCPA 1959), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960).
discussed
Cited "see"
Bankord v. DeRock
See Waynick v. Chicago’s Last Department Store, 269 F.2d 322 (7th Cir. 1959), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960); Butler v. Wittland, 18 Ill.App.2d 578 , 153 N.E.2d 106 (1958); Eldredge v. Don Beachcomber, Inc., 342 Ill.App. 151 , 95 N.E.2d 512 (1950).
cited
Cited "see"
Badger Meter Manufacturing Company v. Brennan
See Lash v. Nighosian (C.A. 1, 1959) 273 F.2d 185 , cert. den. 1960, 362 U.S. 904 , 80 S.Ct. 610 , 4 L.Ed.2d 554 , and Boren v. Tucker (C.A. 9, 1956) 239 F.2d 767 .
discussed
Cited "see, e.g."
Sun Hill Industries v. Easter Unlimited
Gorham, 81 U.S. (14 Wall.) at 530 [ 20 L.Ed. 731 ]; Power Controls, 806 F.2d at 239 -40 ...; see also In re Rubinfield, 270 F.2d 391, 395 , 123 USPQ 210, 214 (CCPA 1959), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960) ("It has been consistently held for many years that it is the appearance of a design as a whole which is controlling in determining questions of patentability and infringement.”).
cited
Cited "see, e.g."
Kleeblatt v. Business News Publishing Co.
See also Waynick v. Chicago’s Last Department Store, 269 F.2d 322, 325 (7th Cir.1959), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960).
discussed
Cited "see, e.g."
Largo Corp. v. Crespin
See, e.g., Waynick v. Chicago’s Last Department Store, 269 F.2d 322, 325 (7th Cir.1959) (a statute forbidding the sale of alcohol to an intoxicated person exists for the protection of any member of the public who might be injured or damaged as a result of the drunkenness to which the particular sale of alcohol contributes), cert. denied, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 (1960); Vance v. United States, 355 F.Supp. 756, 759 (D.Alaska 1973) (a statute prohibiting the sale of liquor to an intoxicated person is designed at least in part to protect against personal injuries caused by in…
discussed
Cited "see, e.g."
Village of Brooten, a Municipal Corporation v. Cudahy Packing Company, a Corporation, and the Travelers Indemnity Company, a Corporation
Compare Waynick v. Chicago’s Last Department Store, 7 Cir., 269 F.2d 322, 326 , certiorari denied Saxner v. Waynick, 362 U.S. 903 , 80 S.Ct. 611 , 4 L.Ed.2d 554 ; Rappaport v. Nichols, 31 N.J. 188 , 156 A.2d 1, 8-9 ; Anderson v. Settergren, 100 Minn. 294 , 111 N.W. 279 .
Retrieving the full opinion text from the archive…
Saxner, doing business as Phil's Tavern
v.
Waynick
v.
Waynick
No. 642.
Supreme Court of the United States.
Feb 29, 1960.
Harold Orlinsky and Seymour J. Layfer for petitioners.
Cited by 4 opinions | Published
Citer courts: Federal Circuit (1)
C. A. 7th Cir. Cer-tiorari denied.