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KAUMAGRAPH CO. v. SUPERIOR TRADEMARK MFG. CO.

February 2, 1933

KAUMAGRAPH CO.
v.
SUPERIOR TRADEMARK MFG. CO., Inc., et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This action is based on the alleged infringement by the defendants of patent No. 1,718,966, issued by the United States Patent Office to Winthrop Stanley Lawrence, assignor to Kaumagraph Company, a corporation of New York (the plaintiff), for improvement in marking compositions, dated July 2, 1929, on application filed January 11, 1926.

The corporate defendant is charged with making and using the transfers which are alleged to have infringed the aforesaid patent, and the individual defendants, who own the capital stock of the corporate defendant and are officers thereof, are charged with liability as the owners of all the corporate stock, and are alleged to have exceeded their duties as such officers.

 The defendants have by answer interposed the defenses of invalidity and noninfringement, and the individual defendants have denied personal liability.

 Plaintiff's title is unquestioned, and notice was given before the commencement of this suit.

 The objects of the alleged invention of the patent in suit are generally stated by the patentee in the specification thereof, as follows:

 "One of the objects of my invention is to provide an improved transfer ink composition which is solid at ordinary temperatures so that it can be applied in the molten condition to a paper base to make a transfer having a marking of any desired type, the said ink being releasable from the transfer under the action of heat and pressure to duplicate the said marking on a suitable piece of fabric.

 "Another object of my invention is to devise a transfer ink and a transfer of this type in which the marking shall be readily soluble in water so that it shall be removed from the garment or fabric upon the first washing thereof."

 This suit is based upon claims 1, 2, 3, 4, 6, 7, and 8 of the patent in suit.

 Claim 1 reads as follows: "1. A solid fusible base for a marking composition including a mixture of rosin soap and shellac soap."

 The composition of claim 2 includes: "A mixture of a resin acid soap and the soap of a fatty acid, the said base being decomposable by water."

 The composition of claim 3 includes: "The soap of a fatty acid, a rosin soap, a shellac soap, free rosin, free shellac, and free caustic soda."

 The composition of claim 4 includes: "A resin acid soap and an additional ingredient which is more soluble in water than said resin soap, the said base being decomposable by water."

 Claims 6, 7, and 8 relate to the method of making the ink base.

 The method of claim 6 consists: "In treating a mixture of a soap of a fatty acid and a resin with glycerine and an alkali."

 The method of claim 7 consists: "In saponifying a resin in a mixture of water and glycerine having dissolved therein a fatty acid soap and then evaporating the water."

 The method of claim 8 consists: "In saponifying rosin and shellac in a mixture of water and glycerine containing a dissolved soap of a fatty acid, then substantially evaporating the water, and then adding to the composition a ...


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