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

No. 12321.

265 F.2d 385 (1959)

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

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 28, 1959.

Attorney(s) appearing for the Case

Stuart S. Ball, William T. Woodson, Chicago, Ill., Richard J. Flynn, Chicago, Ill., Lewis S. Garner, Walter Ramm, Sidley, Austin, Burgess & Smith, Woodson, Pattishall & Garner, Chicago, Ill., of counsel, for appellant.

Arthur G. Connolly, Wilmington, Del., W. J. Marshall, Jr., Chicago, Ill., Werner H. Hutz, Wilmington, Del., Thomas J. Connors, Brooklyn, N. Y., of counsel, for appellee.

Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.

DUFFY, Chief Judge.

This is an appeal from a judgment of the District Court dismissing plaintiff's action for infringement of a registered trademark and for unfair competition. The trademarks in this controversy are "Dramamine" used by plaintiff and "Bonamine" used by defendant. The trademarks are used for motion sickness remedies or preventives. These products are now sold to the general public without a physician's prescription.

In 1947 plaintiff developed...

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