Bayer Co. v. United Drug Co.
District Court, S.D. New York
In Equity. Suit by the Bayer Company, Incorporated, against the United Drug Company. Decree for plaintiff for part only of the relief sought. This is a suit in equity between the plaintiff, a New York corporation, and the defendant, a Massachusetts corporation, to enjoin infringement of the plaintiff’s common-law trade-mark “Aspirin.”
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In Equity. Suit by the Bayer Company, Incorporated, against the United Drug Company. Decree for plaintiff for part only of the relief sought. This is a suit in equity between the plaintiff, a New York corporation, and the defendant, a Massachusetts corporation, to enjoin infringement of the plaintiff’s common-law trade-mark “Aspirin.” The bill was filed in May, 1917, and alleged that the plaintiff or its predecessors had since 1899 been selling throughout the United States a drug known as “acetyl salicylic acid,” to which they had given the artificial trade-mark “Aspirin”; that they had…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The issues in this case do not, I think, depend upon the decision in Singer Mfg. Co. v. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct. 1002, 41 L. Ed. 118, so much as the defendant supposes. That case decided no more than that the existence of a patent during the period when the goods became known to the public might he a controlling element in determining whether the name under which they were sold indicated a single source of origin. Since then courts have several times said that the name of goods protected by patent might in fact indicate not only the kind of…
2Cases cited10 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by168 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
- Thompson Medical Company, Inc. v. Pfizer Inc.Court of Appeals for the Second Circuit · 1985
- Lane Capital Management, Inc., Plaintiff-Counter-Defendant-Appellee v. Lane Capital Management, Inc., Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 1999
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
163 more not listed; retrieve them via the Exa API.