Miles Laboratories, Inc. v. American Pharmaceutical Co.

The plaintiff instituted an action to restrain the use by defendants of the designation “ Aphco Alkaline Seltzer ” for a medicinal product, claiming it constituted unfair competition with its product “ Alka-Seltzer.” An interlocutory judgment was rendered in favor of the plaintiff and a referee was appointed to take and state the account of the profits of the defendants and the damages sustained by the plaintiff. The interlocutory judgment provided that plaintiff was to recover from the defendants the expenses of the accounting reference, including “ the Referee’s fees, in an amount to be…