GD Searle & Company v. MDX Purity Pharmacies, Inc.
District Court, C.D. California
1Opinion of the Court
MEMORANDUM OPINION FOR USE IN PREPARATION OF PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND JUDGMENT.
CRARY, District Judge.
Plaintiff, an Illinois corporation, since about 1934, has been and now is the manufacturer and marketer of a bulk laxative under the registered trademark of METAMUCIL.- The trademark was registered on October 2, 1934. The product is a non-prescription ethical drug containing a derivative of psyllium seed and dextrose.
Defendant MDX Purity Pharmacies (MDX), a California corporation, is a wholly owned subsidiary of Daylin Medical and Surgical Supply, Inc., doing business…
2Cases cited22 opinions
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Miles Shoes, Inc. v. R. H. MacY & Co., IncCourt of Appeals for the Second Circuit · 1952
- Northam Warren Corporation v. Universal Cosmetic Co.Court of Appeals for the Seventh Circuit · 1927
- American Chicle Co. v. Topps Chewing Gum, Inc.Court of Appeals for the Second Circuit · 1953
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3Cited by6 opinions
- Carter-Wallace, Inc. v. Procter & Gamble Co.Court of Appeals for the Ninth Circuit · 1970
- Hmh Publishing Co., Inc., a Delaware Corporation, and Playboy Clubs International, Inc., a Delaware Corporation v. Victor BrincatCourt of Appeals for the Ninth Circuit · 1974
- United States Jaycees v. San Francisco Jr. Cham. of Com.District Court, N.D. California · 1972
- Chips 'N Twigs, Inc. v. Chip-Chip, Ltd.District Court, E.D. Pennsylvania · 1976
- Coffee Dan's, Inc. v. Coffee Don's Charcoal BroilerDistrict Court, N.D. California · 1969
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