Legal Opinion

Collyrium, Inc. v. John Wyeth & Brother, Inc.

New York Supreme Court

Decided February 12, 1938PublishedCited by 4 opinions

1Opinion of the CourtChurch, J.

In this action the plaintiff seeks a declaratory judgment establishing its right to maintain its present corporate title and to use the word “ Collyrium ” as the designation of the products which it manufactures including eye lotions, eye drops and eye salve. It also seeks an injunction restraining the defendant from representing by advertisements, letters, circulars and the like that the latter has the exclusive right to market an eye lotion under the trade-name “ Collyrium.”

The defendant also seeks injunctive relief and asks that the plaintiff be prevented from using the word “ Collyrium ”…

2Cases cited7 opinions

  1. O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
  2. Caswell v. . DavisNew York Court of Appeals · 1874
  3. Adolf J. Mainzer, Inc. v. GruberthAppellate Division of the Supreme Court of the State of New York · 1932
  4. Martin H. Smith Co. v. American Pharmaceutical Co.New York Court of Appeals · 1936
  5. Bengue v. American Pharmaceutical Co.New York Supreme Court · 1935

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gold Master Corp. v. MillerCourt of Appeals for the Second Circuit · 1967
  2. Gold Master Corp. v. MillerCourt of Appeals for the Second Circuit · 1967
  3. Litwin v. MadduxNew York Supreme Court · 1957
  4. Brody v. Cohen, Pennsylvania Court of Common Pleas, Philadelphia County1947

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