Legal Opinion
Bengue v. American Pharmaceutical Co.
New York Supreme Court
Decided May 18, 1935PublishedCited by 5 opinions
1Opinion of the CourtCollins, J.
By this action it is sought to restrain the defendants from competing unfairly with the plaintiffs. The basic plaint is that the defendants are practicing fraud by utilizing the name which, by long and constant use and vast and expensive adver*603rising, had become, and still is, associated by the public as describing and identifying the plaintiffs’ product, and by so dressing the defendants’ article, and so setting it, that the defendants’ product is palmed off for that of the plaintiffs’.
In 1896 the plaintiff, Dr. Jules Bengué, a physician and pharmacist of France, compounded menthol,…
2Cases cited16 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Corning Glass Works v. Jeannette Glass CompanyDistrict Court, S.D. New York · 1970
- Shrout v. TinesMissouri Court of Appeals · 1953
- Ramazzotti v. Banfi Products Corp.New York Supreme Court · 1966
- Collyrium, Inc. v. John Wyeth & Brother, Inc.New York Supreme Court · 1938
- Samuel Stores v. Queen City Credit Clothing Corp.New York Supreme Court · 1935