Upjohn Co. v. Wm. S. Merrell Chemical Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Cpurt of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit by the Upjohn Company against the Wm. S. Merrell Chemical Company. Decree for defendant, and plaintiff appeals. Affirmed. The plaintiff below, appellant here, is a well-known manufacturer of pharmaceutical preparations.
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Appeal from the District Cpurt of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit by the Upjohn Company against the Wm. S. Merrell Chemical Company. Decree for defendant, and plaintiff appeals. Affirmed. The plaintiff below, appellant here, is a well-known manufacturer of pharmaceutical preparations. In the spring of 1908 it became convinced that there was a large field for the marketing of phenolphthalein, a laxative or cathartic drug, and determined to select the most desirable tablet form in which to put the same on the market.…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1-3] The plaintiff filed its bill in the court below, based upon the theory of unfair competition; but it is not denied that defendant had, inherently and originally, the same right plaintiff had to select from the common *211stock this particular size, shape, and color. The opinions of this court, within recent years, have discussed many aspects, if not all, that arise in unfair competition.1 It would be useless to repeat what has been there said, or to refer again to the decisions of the Supreme Court and other courts there cited. They affirm or lead to the…
2Cases cited25 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Saalfield Pub. Co. v. G. & C. Merriam Co.Court of Appeals for the Sixth Circuit · 1917
20 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- West Point Manufacturing Company v. Detroit Stamping CompanyCourt of Appeals for the Sixth Circuit · 1955
- Standard Oilshares, Inc. v. Standard Oil Group, Inc.Court of Chancery of Delaware · 1930
- Lucien Lelong, Inc. v. Lander Co.Court of Appeals for the Second Circuit · 1947
- Quaker State Oil Refining Co. v. SteinbergSupreme Court of Pennsylvania · 1936
26 more not listed; retrieve them via the Exa API.