Regis v. H. A. Jaynes & Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed June 12, 1903, to restrain the defendants from using the word “ Rex ” or the word “ Rexall ” alone or with other words in connection with the manufacture and sale of dyspepsia tablets. The case was referred to Arthur D. Hill, Esquire, as master. The master found for the plaintiffs, and the case came on to be heard before Braley, J. upon the master’s report and the defendants’ exceptions thereto.
Read the full summary
Bill in equity, filed June 12, 1903, to restrain the defendants from using the word “ Rex ” or the word “ Rexall ” alone or with other words in connection with the manufacture and sale of dyspepsia tablets. The case was referred to Arthur D. Hill, Esquire, as master. The master found for the plaintiffs, and the case came on to be heard before Braley, J. upon the master’s report and the defendants’ exceptions thereto. The defendants’ exceptions other than the fourth having been waived, the justice reserved the case upon the master’s report and the fourth exception thereto for determination by…
1Opinion of the CourtBraley, J.
When the plaintiff, Ellen M. Regis, first compounded her preparation in the form of pills she marked on the boxes in which they were sold the word “ Rex ”, from which her family surname was derived. She not only adopted and attached it as the distinctive feature indicative of the origin, identity and proprietorship of her cure for dyspepsia, but filed it as a trade mark under St. 1895, c. 462, § 1. No evidence appears that at any time she has abandoned or ceased to use it, but the contrary is true. She has formed a partnership with her son, and from small sales in its original form and within…
2Cases cited18 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
- George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906
- Blair's Foodland Inc. v. Shuman's Foodland, Inc.Massachusetts Supreme Judicial Court · 1942
16 more not listed; retrieve them via the Exa API.