Centaur Co. v. Marshall

PHILIPS, District Judge.

This case lias been submitted on application for a temporary injunction. The bill was drawn with a double aspect: First, to restrain the defendants from using the name “Castoria” in their business of manufacturing and putting on the market the medicine or drug known by such name, on the ground that the complainant has acquired a trade-mark right to said iitime; and, second, that by reason of their imitation of the wrapper, label, and other indicia of complainant’s manner of preparing the bottles containing the medicine for market, the defendants are engaged in unfair…