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Torts Keyed to Epstein
Mosler Safe Co. v. Ely-Norris Safe Co
Facts
Ely (Plaintiff) made and sold safes with explosive chambers in them that were designed to protect against burglars. Plaintiff had letters patent, which held this feature as one of their distinctive features. The public has come to recognize the value of an explosive chamber because of Plaintiff’s efforts. Plaintiff alleged that Mosler (Defendant) has infringed upon its patent and further that Defendant has sold safes without an explosive chamber and has falsely told customers that a band around the door of its safes was used to cover and close an explosion chamber. Plaintiff alleged that customers have been led to buy safes from Defendant based on this misrepresentation. Plaintiff asked for an injunction against selling safes with the metal bands and against representing that the safes contained an explosion chamber. The case was dismissed and Plaintiff appealed. The Court of Appeals reversed. The Supreme Court granted certiorari.
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