MERRICK v. SHARP & DOHME

No. 10150.

185 F.2d 713 (1950)

MERRICK et al. v. SHARP & DOHME, Inc.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 19, 1951.


Attorney(s) appearing for the Case

George E. Middleton, New York City, L. B. Mann, Chicago, Ill., for appellant.

Cyril A. Soans, William E. Anderson, Morgan L. Fitch, Jr., all of Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.


FINNEGAN, Circuit Judge.

Defendant-appellant expresses the problem presented by this appeal in the following query: Does the filing in the Patent Office of a statutory notice of opposition to the registration of a trade-mark, which opposition is based upon the confusion-in-trade clause of the statute, create an actual controversy between the parties justiciable by a Federal Court under the Declaratory Judgment Act?

The trial court's findings of fact and conclusions...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases