[Download] "Morgenstern Chemical Co. v. Corporation." by United States Court Of Appeals Third Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Morgenstern Chemical Co. v. Corporation.
- Author : United States Court Of Appeals Third Circuit.
- Release Date : January 05, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiff, Morgenstern Chemical Company, brought this suit in the District Court for the District of New Jersey for an injunction against the continued use by defendant, Shering Corporation, of the registered trade-mark, "Combisul", which was alleged to be confusingly similar to the registered trade-mark, "Combinal", owned by the plaintiff. The complaint also prayed for an accounting and damages. In its answer, the defendant denied that its trade-mark was confusingly similar to that of the plaintiff. The defendant alleged that the trade-marks were substantially dissimilar; that although both products were drugs, they were of a different nature; that there had in fact been no confusion; and that there was no reason to anticipate confusion. The defendant further alleged that the prior use of the stem of the plaintiffs trade-mark precluded a subsequent claim by the plaintiff to an exclusive appropriation; that the defendants product was sold on prescription only, thus precluding a finding of confusion; that the defendant had acted in good faith; and that the defendant had developed a substantial business for its product, while the plaintiff had only a negligible trade.