Sterling Remedy Co. v. Spermine Medical Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, the Sterling Remedy Company, filed its bill in the court below against the Spermine Medical Company to restrain unfair competition in trade.
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Appeal from the Circuit Court of the United States for the Northern District of Illinois. The appellant, the Sterling Remedy Company, filed its bill in the court below against the Spermine Medical Company to restrain unfair competition in trade. The facts in the case, as disclosed by tbe evidence, are substantially as-follows: The complainant below, the appellant here, is a corporation created by the laws of tbe state of New Jersey, and is engaged in tbe preparation and sale of proprietary medicines, and is tile successor in interest of the Sterling Remedy Company of Illinois, which latter…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). We have held in Hires Co. v. Consumers’ Co., 41 C. C. A. 71, 100 Fed. 809, and in Mitchell v. Williams, 45 C. C. A. 265, 106 Fed. 168, that it is not proper, where unfair competition has been found, for a court of equity to give its approval’ in advance to a changed form proposed to be adopted to avoid future liability, but should in such cases restrain the use of the infringing devices, leaving to the defendant the responsibility of deciding for himself and at his own risk what changes are necessary to avoid infringement. The order of July 20, 1899, was…
2Cases cited9 opinions
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893
- Williams v. MitchellCourt of Appeals for the Seventh Circuit · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Upjohn Co. v. Wm. S. Merrell Chemical Co.Court of Appeals for the Sixth Circuit · 1920
- Scriven v. NorthCourt of Appeals for the Fourth Circuit · 1904
- Coca-Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1914
- Pacific Coast Condensed Milk Co. v. Frye & Co.Washington Supreme Court · 1915
- Globe-Wernicke Co. v. Brown & BeslyCourt of Appeals for the Seventh Circuit · 1902
3 more not listed; retrieve them via the Exa API.