32
can, consistently with the federal patent
liability for or prohibit the copying of
laws, impose
an article which
is protected by neither a federal patent nor a copyright.
It was stated in the opinion of the Court (pp 231-232):
"In the present case the 'pole lamp'
sold by Stiffel has been held not
to be entitled to the protection of
either a mechanical or a design pa¬
tent .
An unpatentable article, like
an article on which the patent has
expired, is in the public domain and
may be made and sold by whoever
chooses to do so.
What Sears did was
to copy Stiffel's design and to sell
lamps almost identical to those sold
by Stiffel.
This it had every right
to do under the federal patent laws.
That Stiffel originated the pole lamp
and made it popular is immaterial.
'Sharing in the goodwill of an article
unprotected by patent or trade-mark
is......
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