Winthrop Chemical Co. v. Blackman

Untermyer, J. (dissenting in part).

I am inclined to concur, though with some hesitation, in the conclusion that the judgment should be affirmed in so far as the use by the defendants of the names “ Theobrominal, ’ ’ “ Kre-o-minal ” and “ Aristol ” are concerned, none of these products ever having been patented. I entertain serious doubt concerning the propriety of enjoining the defendants from selling their Diethylbarbituric Acid (contracted into “ Barbital ”) as “ Veronal ” or their Silver Proteinate as “ Protargol ” for the reason that these compounds were protected by patents and might,…