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C.I.R. v. DILL COMPANY

No. 13357.

294 F.2d 291 (1961)

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. DILL COMPANY, Respondent.

United States Court of Appeals Third Circuit.

Decided August 8, 1961.

Attorney(s) appearing for the Case

Karl Schmeidler, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Attys., Dept. of Justice, Washington, D. C., on the brief), for petitioner.

Logan Morris, Philadelphia, Pa. (John C. Noonan, Nesbit, Morris, Pugh & Noonan, Philadelphia, Pa., on the brief), for respondent.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

FORMAN, Circuit Judge.

The Dill Company, a Pennsylvania corporation is the owner of a trade-mark, Espotabs, under which it manufactured and sold a pharmaceutical laxative product. For some time prior to April 18, 1949, Eastco Laboratories, Inc.,1 a Delaware corporation, negotiated with it for a license to use the trade-mark and manufacture the product. On that date they entered into an agreement under which The Dill Company licensed Eastco...

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