M. J. Breitenbach Co. v. Spangenberg

Citations

• 131 F. 160
• 1904 U.S. App. LEXIS 4895

Syllabus

<p>1. Trade-Marks — Descriptive or Arbitrary Name.</p> <p>The name “Pepto-Mangan,” as applied to a medicinal preparation, is apparently arbitrary and fanciful, rather than merely descriptive, and, in the absence of evidence to the contrary, must be assumed to be one which may be lawfully appropriated as a trade-mark.</p> <p>'2. Same — Unfair Competition.</p> <p>A bill alleging that defendants make a medicinal preparation similar to one sold by complainant, which they have given a similar name, and have supplied to customers asking for complainant’s preparation, states a cause of action.</p> <p>¶ 1. Arbitrary, descriptive, or fictitious character of trade-marks or trade-names, see note to Searle & Hereth Co. v. Warner, 50 C. C. A. 323.</p> <p>¶ 2. Unfair competition, see notes to Scheuer v. Muller, 20 C. C. A. 165; Lare v. Harper, 30 C. C. A. 376.</p>