Eskay Drugs, Inc. v. Smith, Kline & French Laboratories

HOLMES, Circuit Judge.

This appeal is from an order making absolute a rule to show cause and holding appellants to be in violation of the provisions of a consent decree which, by injunction, prohibited their use of appellee’s registered trade-mark “Eskay,” or any colorable imitation thereof. The proceedings out of which the present controversy arose are as follows:

In a complaint filed on December 22, 1948, the appellee asserted ownership of the trade-mark “Eskay,” and alleged unfair competition and an infringement of its proprietary rights in same by the appellants. On February 1, 1949,…