Gorham Co. v. White explained

Litigants:Gorham Co. v. White
Arguedatea:April 24
Arguedateb:25
Argueyear:1872
Decidedate:November 18
Decideyear:1872
Fullname:Gorham Company v. White
Usvol:81
Uspage:511
Parallelcitations: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.

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]

Notes and References

  1. .