United States of America v. Motion Picture Patents Company and others (1914)

Record Details:

Title:
United States of America v. Motion Picture Patents Company and others
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office
Volume:
United States of America v. Motion Picture Patents Company and others
Leaf #:
00067
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
Media History Digital Library
Coordinator:
Media History Digital Library
Description:
Date Added:
December 21, 2023
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(>l undertaken to accomplish in a wrong way what he could do in a lawful way. (299:) Consequently all courts having jurisdiction, State or Federal, without regard to the patent laws, may enjoin acts by a patentee in restraint of the trade of the plaintiff, until the defendant, the patentee, establishes his right to exclude the plaintiff from trade which, until infringement is established, is recognized as being carried on of common right, no matter how much he may compete and no matter how much the article or the business complained of may compete in the meantime with the patented article or the business through which it is put upon the market. A patentee may properly warn the offending competing manufacturer, and may call attention to his patent and his claim of infringement; but when he threatens suit and does not bring it, or engages in acts of unfair competition, a court of equity will say to him: "Hold your hand: If you really have a patent, if the competitive concerns of which you complain are really infringing your patent, take the method the patent law has given you of establishing your monopoly by excluding your competitors, by enjoining them or seeking damages in the courts of the United States; otherwise, you interfere with your competitors' business at your peril." * # ■* * * Until the patentee brings the suits and makes the field his own, there is no wav