Martin H. Smith Co. v. American Pharmaceutical Co.

In this action to enjoin defendants from using the word “ Ergot-Apiol ” in advertising and selling their product, the following facts have been found:

During the year 1900 plaintiff obtained a trade-mark registration for its preparation under the name “ Ergoapiol ” and has since used that designation. The principal ingredients are ergot and apiol. Many other manufacturers prior to and subsequent to the year 1900 have sold preparations having the same principal ingredients under the names “ Ergot-Apiol Compound,” “ Ergot & Apiol Com.,” “ Ergot and Apiol Comp.,” “Apiol. and Ergotin Compound,”…