ESKAY DRUGS v. SMITH, KLINE & FRENCH LABORATORIES

No. 13226.

188 F.2d 430 (1951)

ESKAY DRUGS, Inc., et al. v. SMITH, KLINE & FRENCH LABORATORIES.

United States Court of Appeals Fifth Circuit.

April 20, 1951.


Attorney(s) appearing for the Case

Samuel J. Kanner, Stuart W. Patton, Miami, Fla., for appellants.

George J. Harding, Philadelphia, Pa., Robert H. Anderson, Miami, Fla., for appellee.

Before HOLMES, BORAH and STRUM, Circuit Judges.


HOLMES, Circuit Judge.

This appeal is from an order making absolute a rule to show cause and holding appellants to be in violation of the provisions of a consent decree which, by injunction, prohibited their use of appellee's registered trade-mark "Eskay," or any colorable imitation thereof. The proceedings out of which the present controversy arose are as follows:

In a complaint filed on December 22, 1948, the appellee asserted ownership of the trade-mark...

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