Legal Opinion
Model-Etts Corp. v. Merck & Co.
District Court, S.D. New York
Decided September 17, 1953PublishedCited by 7 opinions
1Opinion of the Court
DIMOCK, District Judge.
Plaintiff, Model-Etts Corp., moves for a preliminary injunction in its action for trade mark infringement arid unfair competition. It is the manufacturer of an appetite satient sold under the trademark Model-Etts. Plaintiff started using this trade mark for its product in July 1951. The product is in the form of a tablet which is claimed to be effective in reducing the desire for food. It is marketed in jars. Plaintiff sells its product primarily in health food stores and organizations.
Defendant, Merck & Co., Inc., manufactures a product which serves the same purpose as…
2Cases cited13 opinions
- Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
- Dwinell-Wright Co. v. National Fruit Product Co.Court of Appeals for the First Circuit · 1944
- Lawrence v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1927
- Bowles v. Montgomery Ward & Co.Court of Appeals for the Seventh Circuit · 1944
- Federal Telephone & Radio Corp. v. Federal Television Corp.Court of Appeals for the Second Circuit · 1950
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- International Kennel Club of Chicago, Inc. v. Mighty Star, Inc.Court of Appeals for the Seventh Circuit · 1988
- United States v. International Telephone & Telegraph Corp.District Court, D. Connecticut · 1969
- Puritan Sportswear Corp. v. Puritan Fashions Corp.District Court, S.D. New York · 1964
- Car-Freshner Corporation v. Turtle Wax, Inc.District Court, S.D. New York · 1967
- Orchard Bros. v. RudinDistrict Court, N.D. New York · 1955
2 more not listed; retrieve them via the Exa API.