Walter Henry Sanborn
Judge Sanborn no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Sanborn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Sanborn treated continued use of an infringing registered mark after notice as sufficient to presume wrongful intent and public deception.
“In suits for infringement of registered trade-marks, where the defendant has refused on notice to cease the use of an infringing device and has continued to infringe, neither a fraudulént intent to injure the complainant nor an actual misleading of the public need to be proved.”
Procedural preferences
He treated trial-court findings on conflicting evidence as presumptively correct absent legal error or a serious mistake in evaluating the record.
“when the court has considered conflicting evidence, and made its findings and decree thereon, they must be taken to be presumptively correct”
He required objections to jury instructions to be preserved through a contrary request or an exception in the trial court.
“Alleged errors in the charge of the court were not called to its attention by requests to charge otherwise, or by exceptions to the charge given, and are therefore not reviewable.”
Cautions
He limited appellate evidence review to whether substantial evidence supported the verdict, rather than reweighing the proof.
“The only question that is so reviewable is whether or not there is any substantial evidence to sustain the verdict”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the judgment below is reversed, and the case remanded for further proceedings, upon the authority of the opinion in that ease.”
“The motion to dismiss the writ is granted upon the authority of Evans-Snider-Buel Co. v. McCaskill (C. C. A.) 101 Fed. 658, and U. S. v. Jahn, 155 U. S. 109, 114, 15 Sup. Ct. 39, 39 L. Ed. 87.”
“The decree below is accordingly affirmed, on the authority of that decision.”
“For the reasons stated in the opinion in that case the judgment below must be reversed, and the cause remanded, with directions to grant a new trial, and it is so ordered.”
“the judgment below is affirmed, with costs, on the authority of that case.”
“The judgment below must accordingly be affirmed, and it is so ordered.”
“The judgment upon each of them must accordingly be reversed, and a new trial of each must be directed; and it is so ordered.”
“For this reason, the decree of dismissal of the bill must be affirmed. It is so ordered.”
“our conclusion is that no such error or mistake has been made in this ease, and that the decree below should be affirmed.”
“the order of dismissal in this case is affirmed for the reasons stated in the opinion in that ease, which is filed herewith.”
Caseload & timing
From public federal docket records for this judge.
Not applicable to this circuit-court record.
A historical record
Judge Sanborn no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.