Shuptrine Co. v. Eucaline Medicine Co.

ATWELL, District Judge.

The complainant, a Georgia corporation, seeks an injunction against the respondent, a Texas corporation, claiming an infringement of its trade-mark rights and property in a remedy known as Tetterine, under the 1905 act (15 USCA §§ 81-109, as amended).

The case is refreshing since there is no testimony that suggests the ugly features that usually surround phases of the operation of a business which impinges upon the rights of another. There is no meditated simula^ tion. No determined imitation.

I think it may be fairly and properly concluded, from all of the testimony,…