United Drug Co. v. Theodore Rectanus Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF .APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. . When the first user of a trade-mark, reasonably diligent in extending the territory of his trade, ultimately engages, in good faith, in competition with a later user in a common market under the same mark, the first user is entitled to an injunction. Whether the first user has been reasonably diligent is a question of fact in each case.
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CERTIORARI TO THE CIRCUIT COURT OF .APPEALS FOR THE SIXTH CIRCUIT. The case is stated in the opinion. . When the first user of a trade-mark, reasonably diligent in extending the territory of his trade, ultimately engages, in good faith, in competition with a later user in a common market under the same mark, the first user is entitled to an injunction. Whether the first user has been reasonably diligent is a question of fact in each case. Mrs. Regis did her utmost to promote her business; did ho act which amounted to an abandonment of any territory; by federal registration she gave notice of…
1Opinion of the CourtJustice Pitney
This was a suit in equity brought September 24, 1912, in the United States District Court for the Western District of Kentucky, by the present petitioner, a Massachusetts corporation, against the respondent, a Kentucky corporation, together with certain individual, citizens of the latter State, to restrain infringement of trade-mark and unfair competition.
The District Court granted an injunction against the corporation defendant pursuant to the prayer of the bill. 206 Fed. Rep. 570. The Circuit Court of Appeals reversed the decree and remanded the cause with directions to dismiss the bill.…
2Cases cited13 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- McLean v. FlemingSupreme Court of the United States · 1878
- Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908
- Menendez v. HoltSupreme Court of the United States · 1888
- United States v. SteffensSupreme Court of the United States · 1879
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3Cited by594 opinions
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- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Matal v. TamSupreme Court of the United States · 2017
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
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