Pharmaceuticals, Inc. v. United Whelan Corp.

The plaintiff in this action seeks a permanent injunction, and incidental relief, basing its complaint on the alleged simulation of plaintiff’s product “ Sominex ” by defendants’ product “Somnifac” and the alleged simulation of plaintiff’s product “Geritol” by defendants’ product “ Getrin ”.

Both parties stipulated to waive findings of fact and conclusions of law. It was also stipulated that the defendant corporations, for the purposes of this litigation, are one and the same and may be treated as one litigant.

Plaintiff’s product “Sominex”, according to the evidence, was first used in May,…