Eli Lilly & Co. v. Wm. R. Warner & Co.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Suit in equity by the Eli Filly & Co. against Wm. R. Warner & Co. Decree for defendant, and complainant appeals.
1Opinion of the Court
WOOFFFY, Circuit Judge.
The issues in this case are unfair competition and infringement of a common-law trade-mark. We shall give just enough of the facts to disclose the controversy and make dear our decision, referring to the opinion of the trial court reported at 268 Fed. 156 for a statement in detail.
[ 1 ] The plaintiff, Eli Filly & Company, a corporation of Indiana engaged in the manufacture and sale of pharmaceutical products, put upon the market in 1899 a compound called Coco-Quinine. It is a liquid preparation containing quinine as its therapeutic agent; yerba-santa, used to disguise…
2Cases cited6 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
- Royal Baking Powder Co. v. RoyalCourt of Appeals for the Sixth Circuit · 1903
- Garrett v. T. H. Garrett & Co.Court of Appeals for the Sixth Circuit · 1896
- Hostetter v. FriesU.S. Circuit Court for the District of Southern New York · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- William R. Warner & Co. v. Eli Lilly & Co.Supreme Court of the United States · 1924
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- McGraw-Hill Pub. Co. v. American Aviation Associates, Inc.Court of Appeals for the D.C. Circuit · 1940
- Cheney Bros. v. Cimbel Bros.District Court, S.D. New York · 1922
- Barton v. Rex-Oil Co.District Court, W.D. Pennsylvania · 1923
3 more not listed; retrieve them via the Exa API.