Smith-Kline & French Co. v. American Druggists Syndicate
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit by the Smith-Kline & French Company against the American Druggists Syndicate for infringement of a registered trade-mark and for unfair competition. Decree for plaintiff, and defendant appeals.
1Opinion of the Court
MANTON, Circuit Judge.
On the 19th of December, 1918, the appellee filed in the Patent Office of the United States, an application for a registered trade-mark for aspirin tablets, and on September 23, 1919, a certificate of registration, No. 126,617, was granted. The mark adopted and used was a red colored band with initials. The representation of the box formed no part of the mark. In the affidavit, the trade-mark is said to have been used continuously since March 1, 1917. The trade-mark is applied and affixed to the packages containing the goods by placing thereon a printed label, on which…
2Cases cited5 opinions
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co.Supreme Court of the United States · 1906
- Joseph Schlitz Brewing Co. v. Houston Ice & Brewing Co.Supreme Court of the United States · 1919
- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.U.S. Circuit Court for the District of Southern New York · 1901
- Omega Oil Co. v. WeschlerNew York Supreme Court · 1901
3Cited by6 opinions
- Turner & Seymour Mfg. Co. v. A. & J. MFG. CO.Court of Appeals for the Second Circuit · 1927
- Taylor v. BostickCourt of Appeals for the Third Circuit · 1924
- Caron Corporation v. v. VIVAUDOUCourt of Appeals for the Second Circuit · 1925
- P. E. Sharpless Co. v. Crawford Farms, Inc.Court of Appeals for the Second Circuit · 1923
- Kay Jewelry Co. of Chattanooga v. MorrisCourt of Appeals of Tennessee · 1942
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