McLean v. Fleming
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The bill in this case was filed. June 1, 1872, by Cochrane Fleming, to restrain the alleged infringement of his trade-mark for liver pills, by Jlimes H. McLean. As early as. 1884, Dr. Charles McLane, of Morgantown, Va., made and sold liver pills, putting them up in wooden boxes, labelled “Dr. McLane’s Liver Pills.”
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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The bill in this case was filed. June 1, 1872, by Cochrane Fleming, to restrain the alleged infringement of his trade-mark for liver pills, by Jlimes H. McLean. As early as. 1884, Dr. Charles McLane, of Morgantown, Va., made and sold liver pills, putting them up in wooden boxes, labelled “Dr. McLane’s Liver Pills.” In June, 1844, Jonathan Kidd, having purchased the exclusive .right from him, be- ■ gan, at Pittsburg, Penn., to make and sell them. In 1845, Kidd formed a partnership with John Fleming, under…
1Opinion of the Court
Mr... Justice Clifford
delivered the opinion of the court.
Protection- for lawful trade-marks may be obtained by individuals, firms, or corporations entitled to tbe samé, if. they -eomply with the requirements .prescribed by the act of Congress ; and tbe provision is, that a trade-mark, duly registered as required, shall remain in' force thirty years from the date of such registration, subject to an exception not necessary to be noticed. 16 Stat. 210; Rev. Stat., sects. 4937, 4941.
Exclusive ownership of a certain medicinal manufacture, known as. “Dr. C. McLane’s Liver-Pills,” and of tbe…
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