Drake Medicine Co. v. Glessner
Ohio Supreme Court
Error to the Circuit Count of Hancock County. The defendant in error commenced am action against The Drake Medicine Co. and Warren W. Drake, in the 'Court of Common Pleas of Hancock County, alleging as follows: "Plaintiff says that he has for many years last past carried on the business hereinafter described under the name of The Glessner Medicine Co., of Findlay, Ohio; that' he has complied with all the provisions of Section 3170, Revised Statutes.
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Error to the Circuit Count of Hancock County. The defendant in error commenced am action against The Drake Medicine Co. and Warren W. Drake, in the 'Court of Common Pleas of Hancock County, alleging as follows: "Plaintiff says that he has for many years last past carried on the business hereinafter described under the name of The Glessner Medicine Co., of Findlay, Ohio; that' he has complied with all the provisions of Section 3170, Revised Statutes. "Plaintiff further says that the defendant, The Drake Medicine Co., is a corporation. "Plaintiff says that he is and for many years has been the…
1Opinion of the Court
The plaintiffs in errpr were defendants in the court of common pleas. Their defense in that court, and in the circuit court on appeal, as well 'as their contention on their petition in error here, is embodied in two propositions: (1) That the plaintiff has no trade-mark which can be protected under the law, and if he has such a trade-mark, the defendant’s label and its use do not constitute an infringement of such rights; (2) That the plaintiff’s conduct in the management of his business has been fraudulent as to the defendants and the public, so that he has no standing in a court' of equity…
2Cases cited11 opinions
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- C. F. Simmons Medicine Co. v. Mansfield Drug Co.Tennessee Supreme Court · 1893
- Filley v. FassettSupreme Court of Missouri · 1869
- Boardman v. Meriden Britannia Co.Supreme Court of Connecticut · 1868
- Keller v. B. F. Goodrich Co.Indiana Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Water Management, Inc. v. StayanchiOhio Supreme Court · 1984
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Landskroner v. LandskronerOhio Court of Appeals · 2003
- Socony-Vacuum Oil Co. v. Oil City Refiners, Inc.Court of Appeals for the Sixth Circuit · 1943
- Safe-Cabinet Co. v. Globe Wernicke Co.Ohio Court of Appeals · 1914
10 more not listed; retrieve them via the Exa API.