Filkins v. Blackman

SHIPMAN, District Judge.

In the bill in equity which was originally filed by the plaintiffs, they averred that they were residents of the city of Albany, and citizens of the state of New York, and were, as co-partners, manufacturers and dealers in proprietary medicines; that they had long manufactured and sold a well known article of medicine, called “Dr. J. Blackman’s Genuine Healing Balsam,” which had gone into extensive use, and obtained a high reputation; that they had acquired an exclusive right to the use of that name as a trade-mark, and had also a right to the use of certain labels,…