Garst v. Hall & Lyon Co.
Massachusetts Supreme Judicial Court
Bill in equity by the owner and manufacturer o£ a proprietary medicine known as phenyo caffein, .which is made from a secret formula originated and owned by the plaintiff, the trade-mark of the medicine being registered in the United States patent office and in the office of the secretary of the Commonwealth of Massachusetts, against a corporation established under the laws of Rhode Island and having places of business in the cities of Worcester and Waltham in this…
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Bill in equity by the owner and manufacturer o£ a proprietary medicine known as phenyo caffein, .which is made from a secret formula originated and owned by the plaintiff, the trade-mark of the medicine being registered in the United States patent office and in the office of the secretary of the Commonwealth of Massachusetts, against a corporation established under the laws of Rhode Island and having places of business in the cities of Worcester and Waltham in this Commonwealth as a retail dealer in drugs and medicines, to restrain the defendant from selling at retail phenyo caffein, the…
1Opinion of the CourtICnowlton, J.
This case is reserved on the bill, demurrer, answer and agreed facts, the defendant’s rights under the demurrer not being waived.
The plaintiff is the owner and manufacturer of a proprietary medicine known as phenyo caffein, which is made from a secret formula. His trade-mark for said medicine is registered in the patent office of the United States and in the office of the secretary of the Commonwealth of Massachusetts. The defendant *590corporation is a retail dealer in drugs and medicines. The plaintiff sells all phenyo caffein subject to the conditions of a contract in which each purchaser…
2Cases cited5 opinions
- Fowle v. ParkSupreme Court of the United States · 1889
- Nye v. StorerMassachusetts Supreme Judicial Court · 1897
- Garst v. HarrisMassachusetts Supreme Judicial Court · 1900
- Nichols v. RogersMassachusetts Supreme Judicial Court · 1885
- Meyer v. EstesMassachusetts Supreme Judicial Court · 1895
3Cited by31 opinions
- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Waring v. WDAS Broadcasting Station, Inc.Supreme Court of Pennsylvania · 1937
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- Corning Glass Works v. Ann & Hope, Inc. of DanversMassachusetts Supreme Judicial Court · 1973
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
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