DART DRUG CORPORATION v. SCHERING CORPORATION

No. 17217.

320 F.2d 745 (1963)

DART DRUG CORPORATION et al., Appellants, v. SCHERING CORPORATION, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 13, 1963.


Attorney(s) appearing for the Case

Mr. Robert B. Hirsch, Washington, D. C., with whom Mr. Thomas Schattenfield, Washington, D. C., was on the brief, for appellants.

Mr. John Bodner, Jr., Washington, D. C., with whom Mr. William Simon, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge and FAHY and BURGER, Circuit Judges.


BAZELON, Chief Judge.

Having adjudged appellants in contempt of an injunction in this trademark infringement suit, the District Court imposed a fine and entered a broadened injunction. Only a particular aspect of the enlarged restraint is challenged here.

The contempt arose in the following manner. On January 20, 1960, Schering Corporation, the manufacturer of a cold tablet bearing the trademark CORICIDIN, filed a complaint in the District Court to enjoin...

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