THOMAS KERFOOT & CO. v. LOUIS K. LIGGETT CO.

No. 3247.

59 F.2d 80 (1932)

THOMAS KERFOOT & CO., Limited, v. LOUIS K. LIGGETT CO.

District Court, D. Massachusetts.

May 21, 1932.


Attorney(s) appearing for the Case

Mock & Blum, of New York City, and Arthur P. Hardy, of Boston, Mass., for plaintiff.

Gaston, Snow, Saltonstall & Hunt, of Boston, Mass., Thomas Hunt, of Boston, Mass., and Edward S. Rogers, of New York City, for defendant.


HALE, District Judge.

In this case the plaintiff alleges that in the year 1915 it put on the market an entirely novel pharmaceutical preparation to be used as an inhalant for the relief of colds in the head.

That upon putting this novel preparation on the market, it adopted the word "Vapex" as a trade-mark, and that under this mark the product has been continuously sold in England since July 7, 1915, and in the United States since 1922.

That, at the...

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