Meccano, Ltd. v. John Wanamaker, New York, 253 U.S. 136 (1920)
U.S. Supreme CourtMeccano, Ltd. v. John Wanamaker, New York, 253 U.S. 136 (1920)
Meccano, Ltd. v. John Wanamaker, New York
Argued January 26, 27, 1920
Decided May 17, 1920
253 U.S. 136
A decree of the Circuit Court of Appeal in a suit for infringement of patent and copyright and for unfair competition, is reviewable by this Court on certiorari, as if on appeal. P. 253 U. S. 140. Jud.Code, §§ 128, 240.
An order of the Circuit Court of Appeals reversing an order of the district court awarding a preliminary injunction will not be reversed by this Court unless clearly erroneous. P. 253 U. S. 141.
Upon appeal from an order granting a preliminary injunction, it is proper for the circuit court of appeals to consider a change of circumstances resulting from the reversal of a decree in another circuit upon which the district court relied. Id.
Upon an appeal under Jud.Code § 129 from an order granting a preliminary injunction against the defendant, it would be erroneous for the circuit court of appeals to grant a final decree for the plaintiff upon proof by affidavit of a recent decree in another circuit claimed to work an estoppel in plaintiff's favor, for defendant must have opportunity to set up and establish its defenses. Id.
A conflict of views claimed to exist between the circuit court of appeals in this case and a circuit court of appeals of another circuit in a suit over the same subject and, as claimed, between the same parties in interest, held not to justify this Court in deciding the merits on interlocutory appeal. P. 253 U. S. 142.
250 F. 450 affirmed.
The case is stated in the opinion.