Legal Opinion

Noll v. Rinex Laboratories Co.

District Court, N.D. Ohio

Decided July 1, 1935No. 4962PublishedCited by 7 opinions

1Opinion of the Court

WEST, District Judge.

Suit for infringement of trade mark. Plaintiff, who does business under the name Pinex Co. at Fort Wayne, Indiana, for over 25 years has made and sold a medicinal preparation for use in compounding a remedy for coughs and bronchial irritation, under the trade mark “Pinex”. He acquired the mark in 1909 from one Schmidt, who had registered it for use on a “cough balsam” and re-registered it in 1929, in class 6, “Chemicals, medicines and pharmaceutical preparations”. Plaintiff sells to wholesale drug houses by advertising for which he expends as much as $200,000 a year, and…

2Cases cited23 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. McLean v. FlemingSupreme Court of the United States · 1878
  3. Menendez v. HoltSupreme Court of the United States · 1888
  4. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  5. Thaddeus Davids Co. v. Davids Manufacturing Co.Supreme Court of the United States · 1914

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3Cited by7 opinions

  1. George W. Luft Co. v. Zande Cosmetic Co.Court of Appeals for the Second Circuit · 1944
  2. McGraw-Hill Pub. Co. v. American Aviation Associates, Inc.Court of Appeals for the D.C. Circuit · 1940
  3. Dwight S. Williams Co., Inc. v. Lykens Hosiery Mills, Inc.Court of Appeals for the Fourth Circuit · 1956
  4. Greyhound Corporation v. RothmanDistrict Court, D. Maryland · 1949
  5. Old Charter Distillery Co. v. Continental Distilling Corp.District Court, D. Delaware · 1959

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

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