Nyscoseal, Inc. v. Parke, Davis & Co.

PALMIERI, District Judge.

In October 1957, plaintiffs commenced this action for a declaration of invalidity and cancellation of defendant’s trademark registrations of colored capsule sealing bands. Plaintiffs allege *25"that they took this course following defendant’s threat of suit for infringement based upon plaintiffs’ activities in selling and advertising color banded cap.sules. Defendant had obtained a patent ■on capsules sealed with color bands in 1932 and had enjoyed statutory protection as exclusive producer and seller of these pharmaceutical preparation packages until the patent…