Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1908-05-08

The so-called Economy" cream
separators, in their various "Styles"
and Models as they have been sold
by Sears, Roebuck g. Co., are swept
from the market by Court decision
of vital interest to the people in gen
eral and to dairy farmers in particu-
lar. The catalog house and all of its
representatives, agents and associates
have been forbidden not only to sell
these machines, but also to use them.
This decision, with its far-reaching
effect, was handed down November
21st, 1907, by the Hon. Charles NJ.
Hough, Judge of the U. s. Circuit
Court for the Southern District OF
New York. 1t is the outcome of a
suit brought against Sears, Roebuck
& Co. for using or causing to be used,
in the construction of their "Improv-
ed Economy" Cream Separators, a
patented device which is jointly
owned and controlled by the EMPIRE
CREAM SEPARATOR COMPANY, OF
Bloomfield, N. j., and the VERMONT
FARM MACHINE CO., of Bellows Falls,
VT, to wit, under Letters Patent of
the United States No. 555S93, March
3rd, 1896.
The suit was bitterly contested,
but in the final decision every claim
of the Complainant Companies was
upheld and perpetual injunction is
sued restraining Sears, Roebuck &
Co., from making, selling or in any
way disposing of a cream separator in
which the patented device in ques-
tion was used.
The Court further ordered that
Sears, Roebuck & Co. make an ac-
counting to the complainant compan-
les, specifying the number Of infring-
ing machines sold, at what price they
were sold, to whom they were sold
and the profits realized on their sale.
and the damage caused to complain
ants thereby. This accounting is fol
the purpose of arriving at an equit-
able financial settlement in favor OF
the patent owners.
The point Of most general interest
in connection with this decision i
the fact that upder the law every in
dividual user of these 'Improve6
Economy" Cream Separators is per-
sonally liable to suit on the ground Of
infringement by use. In other words
the dairy farmers who have purchased
this type of machine from the catalog
house must either abandon the use o1
them entirely or make arrangements
to have radical changes made in uhe
bowl. In either case the past use Of
the machine renders them liable tc
to suit for Infringement at the will
of the owners of the patents, and the
continued use of the machine renders
them liable to Injunction as we'll.
The value, of this device and what
its loss means to Sears, Roebuck & Co.
may be judged by the strenuous eff.
forts their counsel made for an ex.
tention of time or a 'stay" of the in.
junction in order that they might ad
just their separator business more
gradually to the Courts demand
The extension or stay was granted
giving Sears, Roebuck & Co. to Janu.
ary 3rd, 1908, in which to adjust mat
ters, but in consideration of this de
lay of the Injunction the cataloe
house was to file bond of $4,000
with the Court on or before December
18th, 1907, as guaranty that the
Complainant Companies would receive
SIS on every infringing machine solo
during the time of the extension. II
was ordered that If the Defendant
did not file the bond Gil the date spec
flied the injunction would be immedi i
ately issued.
Sears, Roebuck & Co. failed to filt
the bond. Therefore perpetual in
junction was issued on December 13
to take effect Immediately, foreve
restraining the Defendant from th,
sale of the Improved Economy" sep
arators as then made, such injunc
tion covering their methods of con
struction Known as YOld Style,
"New Style" and --latest Model"
The Decree as entered by th,
Court, on December 3rd, 1907, ant
the Injunction as issued by the Cour
on December 18th. 1907, were in full
as follows:
INJUNCTION.
The President of the United States O
America,
To
Sears, Roebuck & Company, its con
federates, associates, servants, agents
officers, attorneys, clerks, and work
men, and each and every one Of them
GREETING:
WHEREAS, it has been represented
to us in our Circuit Court of tn;
United States, for the Second Circuit
in the Southern District of New
York, by the Bill of Complaint in thu
suit of the EMPIRE CREAM SEPARATOR
COMPANY and the VERMONT FARM
MACHINE COMPANY, Complaint t!