The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1915-07-15
ALL OTHERS INFRINGENENTs
Horace q. johnson and Henry S. Coop
er Win in Great Battle in the United
States Court For UNFOLDING of Ke-
nosha Inventor Rights.

A decision of greatest interest to
Kenosha and one affecting one of the
largest industries in the city, has just
been handed down by Judge Charles
M. Hough in the United States dis
trict court for the southern district of
New York in the suit of Horace G..
Johnson and Henry S. Cooper of Keno
sha against NJ HI. Lambert, and the
decision gives to the Kenosha men the
exclusive right of manufacture Of
underwear having what is known as
The "closed crotch. " 1t is a decision
of greatest interest to the world of
underwear manufacture.
The Kenosha men brought suit
against Lambert for infringement on
the patent secured by Mr.. Johnson
and used by the Cooper Underwear
Company of this city. The suit was
brought with view Of putting an end
to all infringements on the johnson
patent and the decision of the court
was sweeping victory for the Kenosha
men. The court said in the decision:
"The question most discussed in this
case, is Of invention; wherefore it is
worth while to consider the desiderata
in respect Of union suits, and the
points toward which the inventor or
timprover would direct his efforts.
1t needs little if any more evidence
than that Of ones senses to find that
a desirable under-garment should furn-
ish to the wearer a comfortable warmth
with minimum Of bulk and weight;
it should cover the body as completely
and closely as may be wished, and yet
be easy of removal; and finally it
should by simple and comfortable de-
vices furnish opportunity for perform
ing the functions of nature in4a salts
factory manner without more compli-
Gated undressing than the public has
become accustomed to from using the
ordinary two-piece under-garments.
The evidence herein, and especially
prior patents for union garments,
leaves no doubt in my mind that be-
fore this patent was applied for, the
advantages of such garments had been
appreciated, there was large market
for them,-but it was not based upon
any superiority of the single over The
two piece system in respect of com
bining close and complete covering
with ease Of undressing for the pur-
poses last above stated.
This patent is especially for
'union suit or combination, fact
always to be remembered, and one
which narrows the field of discussion.
The problem of furnishing in a
union garment satisfactory service
opening is not the same as that Of
doing the same thing with a pair of
drawers; because the bending of the
back which precedes evacuation takes
up slack in union suit from neck
to point below the buttock, while
in pair of drawers a similar adjust
ment begins at the waist instead of
the neck.
The object sought by improvers of
union garments was therefore to make
a service opening at height or in a
place. and so proportional, as to permit
body bending above mentioned, with as
little slack in the garment as could
be granted when fitted on a stand
ing man.
When johnson filed his application
there were as revealed by patents and
oral evidence two distinct classes Of
union suits, the drop seat bennington
No. S16,Ss0, Gould No. SS4,S15, Graham
No. 705,o7O), and open crotch,-the
latter subdivisible into those with
crotch incapable of closure, (Plain-
tiffs Exhibits 5 and g. and those with
crotch closing with buttons or equiva-
lent devices (Scott No. 904,022).
It is noticeable that although this
case has been tried with great thor
oughness, and at much expense there
is no evidence that the patents re-
ferred to in the note produced any
commercial effect. The same may be
said Of the inventions of Devoe No.
562 ,287, Cook 615,632 and Hill 642, 227.
Indeed counsel cannot agree whether
defendants Exhibit Y correctly repre-
sents the Hill construction Con this
point ! agree with plaintiffs.) If any
of these prior patents had revealed
anything practically useful / feel sure
that the industry of counsel would
have produced garment made for
sale, and not dubious models CON
strueted for contentious purposes from