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]