John Donelson Martin Sr.
How Judge Martin rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Martin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Martin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Martin granted unfair-competition relief when product wording had acquired a secondary meaning, while separating that relief from unsupported patent and trademark theories.
“The words ‘hot patches,’ as long used and applied by the plaintiff, have acquired a secondary meaning to such extent that injunctive relief should be granted against the use of the exact expression, or words of like import, by the defendants in connection with their product.”
Procedural preferences
Martin declined to alter ordinary jury-selection procedures without a concrete basis to doubt that a fair and impartial jury could be selected.
“No basis whatever is found for a suspicion that a fair and impartial jury cannot be selected for the re-trial of this cause from the regular jury panel, drawn in rigid adherence to due process of law.”
Cautions
Martin treated a timely administrative claim and rejection of that same claim as jurisdictional prerequisites in war-risk insurance litigation.
“It was essential that the plaintiff, in his representative capacity, file a claim with the Veterans Administration for war risk insurance benefits, within the period specified in the statute of limitation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion-to dismiss the bill is sustained;”
“Accordingly, the demurrer of the defendant and his motion to quash the information are both overruled.”
“Let the motion for a new trial be denied.”
“An order will be entered in compliance with this opinion, vacating the ex parte order and directing the return of the seized automobile to the petitioner, C. I. .T. Corporation.”
“The petition for review having been duly considered and the referee’s orders and rulings being found correct, the referee’s orders are in all respects approved and confirmed.”
“the motion of the defendant to dismiss this suit is sustained.”
“Accordingly, on motion of the United States, judgment in favor of the plaintiff is awarded on the pleadings.”
“An appropriate decree will be entered enjoining the use by the defendants, or their agents, or persons acting under their authority, of the words ‘hot patches,’ ‘hot shot,’ or ‘hot,’ and ‘hot shot’ in combination with ‘patches,’ even with intervening words. The decree will provide that patent No. 1,970,698 is held invalid for want of invention; and that the plaintiff is entitled to no relief by virtue of-any alleged right under the registered trade-mark.”
“The motions for a new trial and for a directed verdict are overruled.”
“Accordingly, it follows that the injunction sought by plaintiff public utility corporation is denied, and the- motion of the defendant municipality to dismiss the bill for want of equity is allowed.”
“The fees, compensation and expense allowances claimed by the .petitioners are again disallowed.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. This profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Martin 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.