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Gorham won. The test for infringement is substantial similarity, but the question was to who? An expert, in this case one such expert was Mr. Tifffany, or a consumer? The decision was a consumer because an expert would/should be able to tell the difference between two designs no matter how small the...

Hello all. I am a patent attorney. A major historic patent case was Gorham v. White and involved two silver flatware companies. I would like to obtain a spoon of each companies flatware that was at issue in the case and have them framed together and put in my office. Gorham's design was called Cotta...