Legal Opinion
Devlin v. McLeod
U.S. Circuit Court for the District of Western New York
Decided December 22, 1904PublishedCited by 4 opinions
In Equity.
1Opinion of the Court
HAZED, District Judge.
Complainant seeks to restrain the defendant from using the words “Toothache Gum” in the sale of an article to-alleviate or cure pain in a tooth. A technical trade-mark right is claimed by complainant in'the words mentioned. The bill also charges unfair competition in trade, by imitating the dress and style of complainant’s-package. The facts, though in conflict, tend to show that complainant began the manufacture of Dent’s Toothache Gum in Toronto, Canada, in 1886, and that the same has been sold in the United States since 1889 or 1890. The article is contained in a…
2Cases cited10 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carter-Wallace, Inc. v. Procter & Gamble Co.Court of Appeals for the Ninth Circuit · 1970
- Gorham Mfg. Co. v. WeintraubDistrict Court, S.D. New York · 1912
- Carter-Wallace, Inc. v. The Procter & Gamble CompanyCourt of Appeals for the Ninth Circuit · 1970
- Gorham Mfg. Co. v. SchmidtDistrict Court, S.D. New York · 1912