IP
BURKE et al. v. H. CLAUSEN & SONS BREWING CO.
126 F. 1022·United States Court of Appeals for the Second Circuit·1903
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Opinion
BURKE et al. v. H. CLAUSEN & SONS BREWING CO.
(Circuit Court of Appeals, Second Circuit.
December 8, 1903.)
No. 90.
Appeal from the Circuit Court of the United States for the Southern District of New York.
Abraham Benedict and Moses Weinman, for appellant.
Edmund Wetmore, for appellees.
Before WALLACE, TOWNSEND, and COXE, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
We are convinced that the labels and capsule, in the collocation in which they appear on the appellant’s bottles, constitute an infringement of the appellees’ capsule and labels. In view of the comprehensive character of the injunction order, we deem it prudent to add that we do not wish to be considered as holding that the appellant’s labels per se infringe. If these labels were used separately, or collocated in dissimilar environments, a different question would arise, regarding which, at this time, we express no opinion. The order is affirmed, with costs.