LAMBERT PHARMACAL CO. v. LISTERATED CO.

No. 318.

24 F.2d 122 (1928)

LAMBERT PHARMACAL CO. v. LISTERATED CO. et al.

District Court, S. D. Texas, at Houston.

January 16, 1928.


Attorney(s) appearing for the Case

William Fraser Small and William Keane Small, both of St. Louis, Mo. (Walter H. Walne and Baker, Botts, Parker & Garwood, all of Houston, Tex., of counsel), for plaintiff.

Andrews, Streetman, Logue & Mobley, of Houston, Tex. (Jesse R. Stone, of Houston, Tex., of counsel), for defendants.


HUTCHESON, District Judge.

This is a suit by the Lambert Pharmacal Company, alleging infringement of its trade-mark "Listerine," which it pleads it has used and enjoyed since 1881, under registration in the United States Patent Office, and by actual user of its preparation; that among the uses for which the product designated by the trade-mark has been sold and advertised are as a prophylactic antiseptic and cleanser in certain conditions of the hair and scalp; that...

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