Randolph Refining Corp. v. Shapiro

In this bill in equity the plaintiff seeks damages and an injunction against the sale by the defendant of sedatives in the form of bottled capsules bearing the name “Somnicaps.” From a decree dismissing the bill the plaintiff appealed. The judge made a report of the material facts found by him. The evidence is not reported.

The plaintiff is a “one-man” corporation. One Mandorf is its president, treasurer, and sole employee. He conducts a small drug business from his home. The defendant is a New England salesman on commission for a New York pharmaceutical company. In 1951 the United States Food…