THE INDIA RUBBER WORLD 



397 



%m-?&^ 



R«r United Stetes Pat. Off. Reg. United Kingdom. 



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HENRY C. PEARSON, Editor 



Vol. 54 



MAY 1. 1916 



No. 2 



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COPYRIGHT. 1916, BY THE INDIA RUBBER PUBLISHING CO. 

 Entered at the New York postoffice as mail matter of the second class. 



TABLE OF CONTENTS ON LAST PAGE OF READING. 

 UNPROFITABLE INFRINGEMENT NO EXCUSE. 



THE decision of the United States Court of Appeals 

 in the Grant patent case, some account of which 

 appears in this number, is one of far-reaching 

 importance, not only to the tire trade, but every branch 

 of business which in any way relies upon patents which 

 may be the subjects of infringements. 



The question of the amount of damages due the pat- 

 entee has always been a mooted one. Usually such dam- 

 ages have been limited to the amount of profits made by 

 the infringers, or to such damages as could be distinctly 

 shown, based on license fees, loss of sales or diminution 

 of price, caused by such infringing competition. This has, 

 time and time again, resuUed in completely nullifying 

 such verdicts, owing to the difficulty of proving that the 

 infringers made any profit, or that the patentees would 

 have made sales, had there been no infringers in the field. 

 Then again, in case the patentee did not grant licenses, 

 the basis for damages for loss of license fees could not 

 be computed. 



This ilec.sion, however, is to the effect that a plaintiflf 

 in an infringement case may recover what to the court 

 or jury seems fair and reasonable, whether the defendant 

 ma\' or may not have made any profits, whether the de- 

 fendant did or ilid not grant licenses and without the 

 necessity, on the ixirt of the defendant, of actually prov- 

 ing loss of sales or reduction of price because of the ^^^^^ 

 infringement. Mfiw 



DEMONSTRATIVE PUBLICITY. «»<1<f« 



A S a rule, public opinion is influenced through certain 

 ■'* means of publicity, by letters sent direct to indi- 

 viduals, by pamphlets distributed where they will do the 

 most good, by newspaper articles, and by public meetings 

 and eloquent speakers. A certain proportion of the people 

 are influenced by these, but while each and all are to a cer- 

 tain extent effective, there are many people, particularly 

 among certain classes, who are not reached by such ex- 

 ploitation. A band of music followed by marching men 

 attracts the attention of such, and sets them to thinking, 

 much as the printed propaganda does the other classes. 

 That is why a parade is a good thing. It brings publicity 

 to a movement. Former parades of this kind have been 

 beneficial in influencing public thought. The prepared- 

 ness parade to be held in New York next week is of 

 value in extending public thought on this important ques- 

 tion. As in the past, the rubber trade will do its share 

 in making the parade a success. Indeed, it is said that it 

 will contribute between two and three thousand to the 

 ranks of marching men. 



THE SOLVENT NAPHTHA PROBLEM. 



THE price oi gasolene, which is a present subject of 

 comment, investigation and speculation, is a very 

 vital question to rubber manufacturers. The fact that they 

 use automobiles and motor trucks, which cost much more 

 to operate, is of minor importance. Where the shoe really 

 pinches is the greatly increased price of solvent naphtha, 

 and — this is problematical — the lessened use of tires, in- 

 ner tubes and motor accessories that may come through 

 a letting up in general motoring. 



Naphtha ,from the days of Macintosh, has been almost 

 a necessity in rubber manufacture. The lines most de- 

 pendent upon it are cements for leather shoe manufac- 

 ture and tire repair; dipped goods; spreader work, as 

 proofing, rubber clothing and mackintoshes; rubber foot- 

 wear ; tires ; druggists' sundries and mechanical rubber 

 goods. Indeed wherever any union of parts is desired, 

 naphtha is the usual agent to bring it about. 



The gasolene production in the United States for 191, S 

 was 41,600.000 gallons. Of this, 6,500,000 gallons was 

 exported, leaving 35,100,000 gallons for home consump- 



