Gorham Co. v. White

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]

Full case nameGorham Company v. White

Citations81 U.S. 511 (more)

14 Wall. 511; 20 L. Ed. 731; 1871 U.S. LEXIS 1018

Quick facts Argued April 24–25, 1872 Decided November 18, 1872, Full case name ...

Gorham Co. v. White
Supreme Court of the United States
Argued April 24–25, 1872 Decided November 18, 1872
Full case name	Gorham Company v. White
Citations	81 U.S. 511 (more) 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.
Court membership
Chief Justice Salmon P. Chase Associate Justices Samuel Nelson · Nathan Clifford Noah H. Swayne · Samuel F. Miller David Davis · Stephen J. Field William Strong · Joseph P. Bradley

Close