Keller v. B. F. Goodrich Co.

Elliott, J. —

The appellee is and long has been engaged in the manufacture and sale of an article used in dentistry, and the trade-mark, printed upon each box or package, is “ The Akron Dental Rubber.” The appellant is engaged in the same line of business, and manufactures and sells an article •which he claims is the same as that manufactured and sold by the appellee. He puts the articles in boxes of a different shape and material from those used by the appellee, and has printed on them these words : “Non-Secret Dental Vulcanite, made according to our analysis of the Akron Dental Rubber.” The…