Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. In the year 1867 one Thomas .T. Macmahan, a druggist of New York City, prepared a liquid mixture of tinctures of aconite and iodine for the use of dentists, and labeled it thus: “POISON. Sat. Tinct. Aconite Root, with Iodine. Prepared Expressly for Dentists’ Use by T. J. Macmahan. 138 Sixth Av., bet. 10th & 11th Sts., New York.”
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Appeal from the Circuit Court of the United States for the District of Colorado. In the year 1867 one Thomas .T. Macmahan, a druggist of New York City, prepared a liquid mixture of tinctures of aconite and iodine for the use of dentists, and labeled it thus: “POISON. Sat. Tinct. Aconite Root, with Iodine. Prepared Expressly for Dentists’ Use by T. J. Macmahan. 138 Sixth Av., bet. 10th & 11th Sts., New York.” Macmahan’s general drug business consisted of the manufacture and sale of dental preparations, like tooth powder and mouth wash. He carried on that part of the business, consisting of…
1Opinion of the CourtAdams, District Judge
This is an action to restrain the alleged infringement of a specific trade-mark. No claim is made that defendant's goods are so put upon the market as to induce or tend to induce purchasers to buy them as and for the goods of complainant. In fact the packages containing them are so dissimilar in character, size, dressing, and display from the complainant’s packages that it is impossible that any person could he deceived with respect to them, or that defendant could palm off its goods as and for those of complainant; and no claim is made that defendant adopted the word “Antiphlogisline” as its…
2Cases cited9 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- United States v. SteffensSupreme Court of the United States · 1879
- Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Hygeia Distilled Water Co. v. Hygeia Ice Co.Supreme Court of Connecticut · 1898
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- E. I. Du Pont De Nemours & Co. v. Celanese Corp. of AmericaCourt of Customs and Patent Appeals · 1948
- Pepsico, Inc. v. The Grapette Company, Inc., and Grapette-Aristocrat, Inc.Court of Appeals for the Eighth Circuit · 1969
- Avon Shoe Co. v. David Crystal, Inc.District Court, S.D. New York · 1959
- Reid, Murdoch & Co. v. H. P. Coffee Co.Court of Appeals for the Eighth Circuit · 1931
- T & T Manufacturing Co. v. A. T. Cross Co.District Court, D. Rhode Island · 1978
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