G. D. SEARLE & CO. v. CHAS. PFIZER & CO.

No. 11460.

231 F.2d 316 (1956)

G. D. SEARLE & CO., Plaintiff-Appellant, v. CHAS. PFIZER & CO., Inc., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 20, 1956.


Attorney(s) appearing for the Case

William T. Woodson, Stuart S. Ball, Beverly W. Pattishall, Lewis S. Garner, Chicago, Ill., Woodson, Pattishall, & Garner, Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for appellant.

William J. Marshall, Jr., Chicago, Ill., Arthur G. Connolly, Thomas Cooch, W. H. Hutz, Wilmington, Del., Haight, Goldstein & Haight, Chicago, Ill., Connolly, Cooch & Bove, Wilmington, Del., of counsel, for appellee.

Before DUFFY, Chief Judge, and SWAIM and SCHNACKENBERG, Circuit Judges.


DUFFY, Chief Judge.

This is an appeal from a summary judgment in favor of the defendant in an action for trade-mark infringement and unfair competition. The trade-marks involved are Dramamine used by plaintiff, and Bonamine used by defendant. Both are used as preventives or remedies for motion sickness.

Plaintiff adopted the trademark "Dramamine" in 1948. It expended more than $2,000,000 in advertising and promoting "Dramamine" as a motion sickness preventive...

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