The Law of Patents And Patent Practice in the Patent Office And the Federal Cour

Cover The Law of Patents And Patent Practice in the Patent Office And the Federal Cour
The Law of Patents And Patent Practice in the Patent Office And the Federal Cour
James Love Hopkins
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267. 79, 36 L. Ed. 82.
39. National Cash Register Co. 42. Chicago Ry. Equipment Co. V. Leland, 94 Fed. Rep. 502, 510. V. Perry Side Bearing Co. , 170 398 Hopkins on Patents.
Where the corporation is merely a cloak for individual misconduct, the incorporators should be held personally for the infringement of the corporation, particularly where it appears that they have incorporated with small capital for the purpose of engaging in the infringing business. In such a case, Judge Chatfield has said
...: "As to the individual defendants, the testimony shows that they are engaged in the cork business, and formed the defendant corporation for the purpose of manufactur- ing and supplying caps of the nature described, in which they have made use of the cork disk. * * * The testi- mony as to the amount of capital stock paid in, the per- sons interested in the formation and conduct of the business, and all of the circumstances connected there- with, indicate that the three individual defendants or- ganized the corporation for the sole purpose of enabling them as individuals to carry on, in corporate form, a side line or business, in which they could as individuals have the entire management and direction, but in which they would not be responsible beyond the small amount of investment shown in the present case.

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