Vick Chemical Co. v. Vick Medicine Co.

BARRETT, District Judge.

This suit arises under the trade-mark laws of the United States. It is further contended that, irrespective of the registration of the trademark, complainant is entitled to the relief sought on the ground of unfair competition. The same principles control, for “the common law of trade-marks is but a part of the broader law of unfair competition” (Hanover Milling Co. v. Metcalf, 240 U. S. 413, 36 S. Ct. 360, 60 L. Ed. 713) with this modification : “While in a ease for unfair competition it may be necessary to show intent to deceive the public, in a ease for violation of…