VICK CHEMICAL CO. v. VICK MEDICINE CO.

No. 93.

8 F.2d 49 (1925)

VICK CHEMICAL CO. v. VICK MEDICINE CO.

District Court, S. D. Georgia, Albany Division

July 21, 1925.


Attorney(s) appearing for the Case

Pottle & Hofmayer, of Albany, Ga., Harold Hirsch, of Atlanta, Ga., Allen M. Reed and Edward S. Rogers, both of Chicago, Ill., and James F. Hoge, of Greensboro, N. C., for complainant.

Lippitt & Burt and Pope & Bennett, all of Albany, Ga., and Alston, Alston, Foster & Moise and E. W. Moise, all of Atlanta, Ga., for defendant.


BARRETT, District Judge.

This suit arises under the trade-mark laws of the United States. It is further contended that, irrespective of the registration of the trademark, complainant is entitled to the relief sought on the ground of unfair competition. The same principles control, for "the common law of trade-marks is but a part of the broader law of unfair competition" (Hanover Milling Co. v. Metcalf, 240 U.S. 413, 36 S.Ct. 360, 60 L. Ed. 713) with this modification...

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