Meccano v. John Wanamaker, New York

Citation253 U.S. 136,40 S.Ct. 463,64 L.Ed. 822
Decision Date17 May 1920
Docket NumberNo. 187,187
PartiesMECCANO, Limited, v. JOHN WANAMAKER, NEW YORK
CourtUnited States Supreme Court

Messrs. Reeve Lewis and W. B. Kerkham, both of Washington, D. C., for petitioner.

Mr. H. A. Toulmin, of Dayton, Ohio, for respondent.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Proceeding against Wagner and others in the United States District Court, Southern District of Ohio, Meccano, Limited, obtained a decree (July 8, 1916) affirming the validity, and restraining infringement, of its patent for mechanical toys, also restraining unfair competition in making and selling such toys and the further infringement of its copyright upon trade catalogue and illustrated manual relating thereto. Meccano v. Wagner, 234 Fed. 912. An appeal was taken to the Circuit Court of Appeals, Sixth Circuit. The same corporation instituted the present suit in the United States District Court, Southern District of New York (December 9, 1916) seeking like relief against John Wanamaker, a customer of Wagner.

The trial court granted a preliminary injunction, asked upon the bill, supporting affidavits and exhibits—January 12, 1917, It expressed general agreement with the conclusions announced in the Ohio cause and said:

'It seems quite apparent that the patent is infringed and that diagrams and directions as to construction have been borrowed by defendant from complainant's copyrighted catalogues, and that the system of construction adopted by the defendant is a direct imitation of complainant's system.'

An appeal followed, pending which the Circuit Court of Appeals, Sixth Circuit (November, 1917), reversed the Ohio District Court's decree so far as it sustained the patent, approved it otherwise, and remanded the cause for further proceedings. Wagner v. Meccano, 246 Fed. 603, 158 C. C. A. 573.

January 25, 1918, after argument, but before determination of appeal from the preliminary order, petitioner moved for final decision on the merits, claiming that the decree of the Circuit Court of Appeals, Sixth Circuit, 'is final and conclusive as to the case at bar, under principles enunciated by the Supreme Court.' Being opposed, the motion was denied—March 24, 1918. The court said of it:

'This was a motion for a 'decision on the merits of this cause' by this court under the following circumstances: A suit was brought in the District Court for the Southern District of New York for an injunction for infringement of a copyright, and of a patent, and for unfair competition in the manufacture of a mechanical toy in absolute imitation of the plaintiff's. The plaintiff applied for and got an injunction pendente lite , from which the defendant appealed. That appeal is still pending undetermined in this court. Meanwhile the plaintiff had in the District Court required the defendant to answer certain interrogatories, by which it appeared that the defendant procured from one Wagner the toys which it sold in alleged unfair competition and in violation of the patent, and also the 'manuals' which went with the toys and explained their uses, which are alleged to infringe the copyright. The interrogatories further showed that Wagner had agreed to hold the defendant harmless for any sales of the toys and manuals, and that in pursuance of that undertaking he had taken a share in the defense of this suit. While it did not appear exactly what that share was, it may be assumed, for the purpose of the motion only, that Wagner has assumed the chief conduct of the case, and that the defendant remains only formally represented.

'The plaintiff sued Wagner in Ohio upon the three same causes of equity and obti ned a decree upon all. Later an appeal was taken to the Circuit Court of Appeals for the Sixth Circuit, and the decree was affirmed except as to the patent, which was declared invalid, and which the plaintiff has now withdrawn from this suit. No final decree has been entered, and the Ohio cause now stands for an accounting in the District Court. This motion is upon the record in the Ohio suit, which is made a part of the moving papers, and it presupposes that this court may pass a final decree for the plaintiff upon the appeal from the injunction pendente lite, upon the assumption that that record is a complete estoppel against the defendant here and leaves open no issues for determination between the parties.'

'We pass the question of practice whether this court, under the doctrine of Mast, Foos & Co. v. Stover Mfg. Co., 177 U. S. 488, 20 Sup. Ct. 708, 44 L. Ed. 856, may enter a decree for the plaintiff upon such an appeal as that now pending. Mast, Foos & Co. v. Stover Mfg. Co., supra, was a case where the bill was dismissed, and no case has so far held that the plaintiff could obtain an affirmative decree. As we think the motion must be denied upon the merits, we leave open the question whether the plaintiff may in any event so terminate the litigation. * * * It is apparent that some of the issues are different from those litigated in Ohio; they involve, not only the defendant's rights to sell Wagner's toys and manuals, but any others which it may procure elsewhere. * * * At best the rule in Mast, Foos & Co. v. Stover Mfg. Co., supra, is limited to those cases in which the court can see that the whole issues can be disposed of at once without injustice to the parties. Whatever may be the result here, it is apparent that the case involves more than can be so decided.' 250 Fed. 250, 162 C. C. A. 386.

April 15, 1918, the court below reversed the challenged preliminary order. After stating that the trial court very naturally followed the Ohio District Court, it referred to the partial reversal of the decree there announced and expressed entire agreement with the Circuit Court of Appeals, Sixth Circuit, in holding the patent invalid. And, having considered the evidence relating to copyright and unfair competition, it...

To continue reading

Request your trial
116 cases
  • Register.Com, Inc. v. Verio, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 23, 2004
    ...injunction was an abuse of discretion and also whether the grant was "contrary to some rule of equity." Meccano v. Wanamaker, 253 U.S. 136, 141, 40 S.Ct. 463, 64 L.Ed. 822 (1920); see also Coca-Cola Co. v. Tropicana Products, Inc., 690 F.2d 312, 315 (2d Cir.1982). In this review, we give si......
  • Western Union Telegraph Co. v. INDUSTRIAL COM'N
    • United States
    • U.S. District Court — District of Minnesota
    • August 27, 1938
    ...discretion. Prendergast v. New York Tel. Co., 262 U. S. 43, 50, 43 S.Ct. 466, 469, 67 L.Ed. 853; Meccano, Ltd., v. John Wanamaker, 253 U.S. 136, 141, 40 S.Ct. 463, 465, 64 L.Ed. 822; Love et al. v. Atchison, T. & S. F. Ry. Co., 8 Cir., 185 F. 321; Security Metal Products Co. v. Kawneer Co.,......
  • Oburn v. Shapp
    • United States
    • U.S. Court of Appeals — Third Circuit
    • August 4, 1975
    ...discretion. See United States v. Corrick, 298 U.S. 435, 56 S.Ct. 829, 80 L.Ed. 1263 (1936); Meccano, Ltd. v. John Wanamaker, 253 U.S. 136, 141, 40 S.Ct. 463, 64 L.Ed. 822 (1920); 7 J. Moore, Federal Practice, P 65.04(2) (2d ed. 1974). In measuring the district court's consideration of appel......
  • Yakus v. United States Rottenberg v. Same
    • United States
    • U.S. Supreme Court
    • March 27, 1944
    ...injuries to them according as they may be affected by the granting or withholding of the injunction. Meccano, Ltd., v. John Wanamaker, 253 U.S. 136, 141, 40 S.Ct. 463, 465, 64 L.Ed. 822; Rice & Adams Corp. v. Lathrop, 278 U.S. 509, 514, 49 S.Ct. 220, 222, 73 L.Ed. 480. And it will avoid suc......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT