Legal Opinion
G. D. Searle & Co. v. Chas. Pfizer & Co., Inc.
Court of Appeals for the Seventh Circuit
Decided April 28, 1959No. 12321PublishedCited by 58 opinions
1Opinion of the Court
DUFFY, Chief Judge.
This is an appeal from a judgment of the District Court dismissing plaintiff’s action for infringement of a registered trademark and for unfair competition. The trademarks in this controversy are “Dramamine” used by plaintiff and “Bon-amine” used by defendant. The trademarks are used for motion sickness remedies or preventives. These products are now sold to the general public without a physician’s prescription.
In 1947 plaintiff developed a pharmaceutical product for use in the prevention and treatment of motion sickness. It adopted the coined and fanciful trademark…
2Cases cited23 opinions
- Champion Spark Plug Co. v. SandersSupreme Court of the United States · 1947
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
- Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953
- Northam Warren Corporation v. Universal Cosmetic Co.Court of Appeals for the Seventh Circuit · 1927
18 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
53 more not listed; retrieve them via the Exa API.