Desmond's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas Ho. 2 of Philadelphia county: In Equity: Of January Term 1883, No. 240. This was an appeal by Thomas Desmond, trading as Desmond & Co., from a decree of the said court, sustaining a demurrer to and dismissing a bill in equity, filed by said Desmond & Co. against Mahlon K. Smith, Mahlon H. Kline, Washington J. Sellers and Silas W. Ilellerman, trading as Smith, Kline & Co., to restrain the defendant from alleged infringement of certain…
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Appeal from the Court of Common Pleas Ho. 2 of Philadelphia county: In Equity: Of January Term 1883, No. 240. This was an appeal by Thomas Desmond, trading as Desmond & Co., from a decree of the said court, sustaining a demurrer to and dismissing a bill in equity, filed by said Desmond & Co. against Mahlon K. Smith, Mahlon H. Kline, Washington J. Sellers and Silas W. Ilellerman, trading as Smith, Kline & Co., to restrain the defendant from alleged infringement of certain registered trade-marks, which wrere used in course of plaintiff’s business. The plaintiff averred in 1ns bill that he had…
1Opinion of the Court
The opinion of the court ivas filed
2Per curiam
The original bill declares “ that the said medicines have been and are distinguished by (lie names of ‘ Samaritan’s Gift,’and ‘ Samaritan’s Root and Herb Juices,’ and that the said names are the trade-marks of the same together with certain labels and wrappers hereto annexed marked ‘Exhibit A,’ and bjr said trade-marks the same are distinguished from all other compound medicines.”
It does not aver an imitation or similarity in the appearance of the labels and wrappers. An examination of the two shows they are quite dissimilar in names and appearance. It is…