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MEDICAL FABRICS CO. v. D.C. McLINTOCK CO.

12 N.J. Super. 177 (1951)

79 A.2d 313

MEDICAL FABRICS CO., INC., A CORPORATION OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. D.C. McLINTOCK CO., INC., A CORPORATION OF NEW JERSEY, AND DUNCAN C. McLINTOCK, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1951.

Attorney(s) appearing for the Case

Mr. Abraham P. Bab argued the cause for the appellants.

Mr. Irving Hupart argued the cause for the respondent (Mr. Karl Huber, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by JACOBS, S.J.A.D.

The plaintiff is the owner of a secret formula, used in the manufacture of a combination pressure bandage called Contura, the trade-mark D.C.M. enclosed in a circle, and the trade name D.C. McLintock Co. It duly instituted action in the Chancery Division alleging that its formula, trade-mark and name had been unlawfully appropriated by the defendants and seeking to restrain their use thereof. After full hearing...

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