Lambert Pharmacal Co. v. Bolton Chemical Corp.
District Court, S.D. New York
In Equity. Suit by the Lambert Pharmacal Company against the Bolton Chemical Corporation. Decree for plaintiff.
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The defendant’s compound is obviously appropriate for substitution for the plaintiff’s; its uses are precisely the same, and it is made up for the same class of consumption. In choosing an arbitrary trade-name, there was no reason whatever why they should have selected one which bore so much resemblance to the plaintiff’s; and in such cases any possible doubt of the likelihood of damage should be re'solved in favor of the plaintiff. Of course, the burden of proof always rests upon the moving party, but having shown the adoption of a similar trade name,…
2Cases cited1 opinion
- Jacobs v. BeechamSupreme Court of the United States · 1911
3Cited by50 opinions
- Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
- Versa Products Company, Inc. v. Bifold Company (Manufacturing) Ltd.Court of Appeals for the Third Circuit · 1995
- Telechron, Inc. v. Telicon Corp.Court of Appeals for the Third Circuit · 1952
- A & H Sportswear Inc. Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc.Court of Appeals for the Third Circuit · 1999
- Communications Satellite Corp. v. Comcet, Inc.Court of Appeals for the Fourth Circuit · 1970
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