The Providence news. (Providence [R.I.]) 1891-1906, 1892-07-13
The FASTENER" CASE.
The Heaton PeniasuIar Button Fast
ener Company Victorious.
DICK co. OF CHICAGO ENJoINED.
The Great Case Involving Very Valuable
Patent Rights IL NJ Last Endsd-rhs
Local company's Claims. Sustained st
Every Polnt--The Details I'm Full.


One Of the most interesting facts Ia
local financial circles in many months ia
the announeement made In the above
heading. The case referred to Is that of
the Heaton Peninsuiar Button Fastener
Company OF this scity against the Dick
Manufacturing Company OF Chicago, for
Infringement Of It's patents.
The story In brief Is that Judge Jenkins
of the northern district Of Illinois, tbs
court sitting in Milwaukee, handed down
his decision yesterday after three weeks
trial, and the verdict In entirely for the
plaiutiffs ON every point
IL will be rememb bered that over two
years ago tine Heaton Company had q
number OF suits in court Ia various parts
OF the country, all of them against va
rious companies for infringing on their
patents, either for button fasteners or for
machines TO fasten them to the shoe.
One by one those cases have been de-
cided or settled. The Trojan Button Fas-
tener Co. Of Troy, N. Y, was the frst
case g. tiled The Elliott Button Fasten-
er Co. OF Grand Rapids, Mich, and the
Coe Manufacturing Co. Of St. Louis.
Mo-, followed. The Dick Manufacturing
opponents. Mr.. Dick, the founder Of The
company, was formerly Ia the employ OF
the Heaton Company, and his experience
enabled him TO duplicate its product with
ease. He Withdrew from the employ of
the company and started In business for
himself. making the fasteners to use in
the Heaton shank and foot power ma
chimes. 10
Suit was brought against him two
years ago this month, but delay has fol
lowed delay, rs Is usual In patent litiRa-
tion, and itSwas scarcely a month ago
when the hearing on the case took place.
There weretwo main points at issue. The
to make button fasteners, and the other
to the contract which In stamped on a
plate fastened TO each machine made by
the Heaton Company.
This contract insists that no button
fasteners, except those made by the
Heaton Pennsyivania Button Fastener
Company shall be used In the machine.
I he penalty 10 forfeit OF the machine aad
damages for infringement. This contract
the Dick Company claimed was invalid,
and did not hinder the purchaser from
using any make OF fasteners that he saw
fit In the machine.
The decision now rendered grants an
injunction against the Dick Company re-
straining them from making button
fasteners that will fit the Heaton ma
chimes, from advertisirg fasteners that
will 1T such machines and from further
prosecuting the button fastener business.
The damages are laid 1t $500
The decision further afiirms the claim
of the Heaton Company that their ma
chimes are used under contract, aud the
use OF them by any party makes him q
party TO that contract. IL asserts that
through whose hands soever the machine
may pass the contsect Is lasting aud
biuding during the life of the machine.
AS a result Of this decision the Dick
Manufacturing Company have closed
their works, transferred all their plant &c
the Heaton Peninsular Company of this
city, and the whole of tn. plant and
proauct, finished and unfinished, is either
on the cars or being packed to be shipped
to this city
As noted above this Is the last of TWEEN,
ty-two cases. 1t leaves no cases on hand
in which the Heaton Button Fastener
Company is interested. It cleans up the
field and they no longer have any oppon.
ents in the country except such as are
operating under lease or permit from
them. The decision relating TO their con
tract Is very valuable one II virtually
relieves them of the burden Of sus,
tanning their patent rights or their
machines and places their whole business
on contract basis. What the effect
upon the stock will be cannot yet be de-
termined, but the earning power Of the
company is thought by well-informed
parties to be greater than at any previous