Legal Opinion

Miles Laboratories, Inc. v. Frolich

District Court, S.D. California

Decided June 8, 1961No. 337-60 MCPublishedCited by 26 opinions

1Opinion of the Court

CROCKER, District Judge.

Miles Laboratories, Inc., an Indiana corporation (having its principal place of business in that state and doing business in the State of California) 1 has, since 1930, been continuously engaged in the manufacture, advertising, distribution and sale of an anti-acid effervescent preparation, under the trade-mark Alka-Seltzer. The trademark has been duly registered under the federal trade-mark acts of 1905, 1942 and 1946 2 and under appropriate California statutes. Reg. No. 510,330 has now become incontestable under the provisions of 15 U.S.C.A. § 1065.

Plaintiff has sold…

2Cases cited53 opinions

  1. United States v. SteffensSupreme Court of the United States · 1879
  2. Canal Co. v. ClarkSupreme Court of the United States · 1872
  3. Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
  4. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  5. Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960

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3Cited by26 opinions

  1. Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
  2. Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
  3. Holiday Inns, Inc. v. Holiday Out in America and Holiday Out in America at St. Lucie, Inc.Court of Appeals for the Fifth Circuit · 1973
  4. Fromberg, Inc. v. Jack W. ThornhillCourt of Appeals for the Fifth Circuit · 1963
  5. Drop Dead Co. v. S. C. Johnson & Son, Inc.Court of Appeals for the Ninth Circuit · 1963

21 more not listed; retrieve them via the Exa API.

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