Legal Opinion

Centaur Co. v. Killenberger

U.S. Circuit Court for the District of New Jersey

Decided May 11, 1898PublishedCited by 5 opinions

This was a hill in equity by the Centaur Company against Frederick Killenberger for alleged unfair competition in trade. The cause was heard on an application for a preliminary injunction.

1Opinion of the Court

KIRKPATRICK, District Judge.

This is a,n application on behalf of the complainant, the Centaur Company, for a preliminary injunction restraining the defendant from putting up and selling “Castoria” in packages, with wrappers and labels which are calculated to deceive the public, and induce them to buy the defendant’s goods when they intended to purchase those of the complainant. It appears from the record that “Gastoria” is a medicine which was prepared by the complainant under a process patented by one Pitcher, which patent has expired; that while so prepared and sold under said patents, and…

2Cases cited4 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
  3. Centaur Co. v. HeinsfurterCourt of Appeals for the Eighth Circuit · 1898
  4. Cook & Bernheimer Co. v. RossU.S. Circuit Court for the District of Southern New York · 1896

3Cited by5 opinions

  1. Johnson & Johnson v. Quality Pure Manufacturing, Inc.District Court, D. New Jersey · 1979
  2. Boston Shoe Shop v. McBroom Shoe ShopSupreme Court of Alabama · 1916
  3. Centaur Co. v. NeatheryCourt of Appeals for the Fifth Circuit · 1893
  4. Shredded Wheat Co. v. Humphrey Cornell Co.District Court, D. Connecticut · 1917
  5. Centaur Co. v. GeneshDistrict Court, W.D. Pennsylvania · 1929

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