Manhattan Medicine Co. v. Wood
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. Bill in equity to restrain the defendants from using an alleged trade-mark of the complainant, upon certain medicines prepared by them, and to compel an accounting for the profits made from its use in their sale of the medicines; also, the payment of damages for their infringement of the complainant’s rights. ¶ The complainant, a corporation formed under the laws of New York, manufactured in that…
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APPEAL PROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MAINE. Bill in equity to restrain the defendants from using an alleged trade-mark of the complainant, upon certain medicines prepared by them, and to compel an accounting for the profits made from its use in their sale of the medicines; also, the payment of damages for their infringement of the complainant’s rights. ¶ The complainant, a corporation formed under the laws of New York, manufactured in that State medicines designated as “Atwood’s Yegetable. Physical Jaundice Bitters;” and claimed as its trade-mark this…
1Opinion of the CourtJustice Field
After reciting the facts as stated above, he said:
In the view we take of the ease, , it will not be necessary to consider the first defence mentioned, nor the second, so far as to determine whether the right to use the words mentioned as a trade-mark was forfeited absolutely by the assignor’s misrepresentations as to the manufacture of the article. It is sufficient for the disposition of the case, that the misrepresentation has been cóntinued by the complainant. A court of equity will extend no aid to sustain a claim to a trade-mark of an article which is put forth with h misrepresentation to…
2Cases cited2 opinions
- Manufacturing Co. v. TrainerSupreme Court of the United States · 1880
- Connell v. ReedMassachusetts Supreme Judicial Court · 1880
3Cited by149 opinions
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Federal Trade Commission v. Winsted Hosiery Co.Supreme Court of the United States · 1922
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