Legal Opinion

Connell v. Reed

Massachusetts Supreme Judicial Court

Decided March 17, 1880PublishedCited by 33 opinions

1Opinion of the CourtGray, C. J.

This is a bill in equity to restrain the defendants from infringing upon an exclusive right claimed by the plaintiffs in the words “East Indian,” used together with the word “ remedy ” or “ remedies,” as a trade-mark upon bottles of medicine.

Although the master reports that there was no evidence that any other person than the plaintiffs or their agents had ever used these words in connection with the manufacture and sale of medicines, it is at least doubtful whether words in common use as designating a vast region of country and its products can be appropriated by any one as his exclusive…

2Cases cited3 opinions

  1. Canal Co. v. ClarkSupreme Court of the United States · 1872
  2. Gilman v. HunnewellMassachusetts Supreme Judicial Court · 1877
  3. Taylor v. CarpenterU.S. Circuit Court for the District of Massachusetts · 1844

3Cited by33 opinions

  1. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  2. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
  3. Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
  4. Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
  5. Allen B. Wrisley Co. v. Iowa Soap Co.Court of Appeals for the Eighth Circuit · 1903

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