Miles Laboratories, Inc. v. Owl Drug Co.

Plaintiff is a corporation, who now is and for-more than eight years last past has been engaged in the manufacture and sale of proprietary remedies and medicines, among others, a certain analgesic remedy known as “Alka-Seltzer”, which, prior to the commencement of this action has been and now is in free and open competition with commodities of the same general class produced and distributed by other manufacturers, such as Aspirin, BromoSeltzer and other proprietary medicines; and long prior to the commencement of this action plaintiff registered the name “Alka-Seltzer” in the United States…