Legal Opinion

Potter Drug & Chemical Corp. v. Miller

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided May 1, 1896PublishedCited by 5 opinions

This was a suit in equity by the Potter Drug & Chemical Corporation against Miller and others for alleged infringement of a trademark.

1Opinion of the Court

ACHESON, Circuit Judge.

For several years before the filing of this hill the plaintiff company was engaged in the extensive manufacture and sale of a medicated toilet soap, designated and branded “Outieura íáoap.” The word “Guticura” originated with the plaintiff’s predecessors in business, and it lias been used as a trade-mark for such soap by the plaintiff and its predecessors continuously since about March, 1878. Undoubtedly, when the word was coined and adopted it was a valid trade-mark, and the evidence establishes that the plaintiff company has the exclusive right to its use as a…

2Cases cited1 opinion

  1. Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887

3Cited by5 opinions

  1. Gold Dust Corporation v. HoffenbergCourt of Appeals for the Second Circuit · 1937
  2. Feil v. American Serum Co.Court of Appeals for the Eighth Circuit · 1926
  3. Jell-Well Dessert Co. v. Jell-X-Cell Co.Court of Appeals for the Ninth Circuit · 1927
  4. Potter Drug & Chemical Corp. v. Pasfield Soap Co.U.S. Circuit Court for the District of Eastern New York · 1900
  5. Avenarius v. KornelyWisconsin Supreme Court · 1909

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