Beecham v. Jacobs

NOYES, Circuit Judge.

The bill charges the infringement of the trade-mark “Beecham’s Pills.” The proof shows that the defendant has deliberately appropriated the name “Beecham’s Pills.” If the complainant is entitled to enforce his rights in a court of equity, the defendant should be restrained.

But it is urged that .the complainant cannot be heard to complain of the defendant’s misconduct because his own hands are not clean — that his packages bear such misstatements of important facts as to bar him from relief in equity. The defendant claims: (1) That the complainant falsely states that his…