Theodore Rectanus Co. v. United Drug Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit by the United Drug Company against the Theodore Rectanus Company. From a decree for complainant (206 Fed. 570), defendant appeals. About 1877, Mrs. Regis, living in Haverhill, Mass., compounded a medicine which she considered useful for dyspepsia and some other disorders, and as a distinguishing name therefor she devised or adopted the word “Rex.”
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Appeal from the District Court of the United States for the Western District of Kentucky; Walter Evans, Judge. Suit by the United Drug Company against the Theodore Rectanus Company. From a decree for complainant (206 Fed. 570), defendant appeals. About 1877, Mrs. Regis, living in Haverhill, Mass., compounded a medicine which she considered useful for dyspepsia and some other disorders, and as a distinguishing name therefor she devised or adopted the word “Rex.” She used this word in window signs, and marked it upon the boxes and packages irut on the market, and it is not to be doubted that…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). 1. It is not denied that, in the Massachusetts litigation against Jaynes and *548the United Drug Co., Mrs.„ Regis’ claim to the .trade-mark was earnestly contested and that every available defense was presented. The opinion of the Supreme Judicial Court of Massachusetts and the testimony in the present record alike impel us to the conclusion that her claim of prior right is thoroughly established) and that before 1880 she had so adopted and so used the word that her title thereto as a trade-mark — and with all the incidents of a commoñ-law trade-mark —was…
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- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Lawrence Manufacturing Co. v. Tennessee Manufacturing Co.Supreme Court of the United States · 1891
- Macmahan Pharmacal Co. v. Denver Chemical Mfg. Co.Court of Appeals for the Eighth Circuit · 1901
- Hanover Star Milling Co. v. Allen & Wheeler Co.Court of Appeals for the Seventh Circuit · 1913
- Thomas J. Carroll & Son Co. v. McIlvaine & BaldwinCourt of Appeals for the Second Circuit · 1910
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- Electronic Communications, Inc. v. Electronic Components for Industry Co.Court of Appeals for the Eighth Circuit · 1971
- Western Oil Refining Co. v. JonesCourt of Appeals for the Sixth Circuit · 1928
- Upjohn Co. v. Wm. S. Merrell Chemical Co.Court of Appeals for the Sixth Circuit · 1920
- Chapin-Sacks Mfg. Co. v. Hendler Creamery Co.Court of Appeals for the Fourth Circuit · 1918
- Ammon & Person v. Narragansett Dairy Co.Court of Appeals for the First Circuit · 1919
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