McKesson & Robbins, Inc. v. Charles H. Phillips Chemical Co.

AUGUSTUS N. HAND, Circuit Judge.

We have held the registered trade-mark “Milk of Magnesia” invalid because it was not in the actual and exclusive use of the defendant, or its predecessors, during ten years next preceding February 20, 1905, as required by section 5 of the Federal TradeMark Act (15 USCA § 85), and also because the defendant had abandoned the mark. But we said that this invalidity of the mark “Milk of Magnesia” did not affect the defendant’s other trade-mark “Leche de Magnesia.” In reaching this conclusion about “Leche de Magnesia,” we gave too little consideration to tho fact…