Bayer Co. v. Shoyer

KALODNER, District Judge.

Complainant, in an equity suit involving trade mark infringement and unfair competition, seeks to restrain the defendants from advertising and selling the plaintiff’s product — Bayer Aspirin Tablets — under labels alleged to simulate those of the plaintiff, and alleged to bear plaintiff’s two trade marks “Bayer” and the “Bayer Cross”, the latter a circular symbol upon which the word “Bayer” appears twice in the form of a cross.

After hearing upon a rule to show cause why a preliminary restraining order should not issue, Judge Kirkpatrick, in this District, allowed a…