Barnes v. Pierce

WARD, Circuit Judge.

This is a motion for preliminary injunction. The affidavits show that the complainants manufacture an antiseptic under the artificial name “Argyrol,” which has attained considerable popularity. It is not complained that the defendant, who is a jobbing druggist, imitates this name or the complainant’s package.

March 25, 1908, one Catón having presented a written order for “argyrol” at defendant’s store, his clerk said: “We don’t keep argyrol. We keep nucleinate of silver, which is .the same thing” — and he handed the purchaser a-price list, on which was printed “$1.20 oz.…