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United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 248 U.S. 78, click here.
United Drug Company v. Theodore Rectanus Company No. 27 Argued March 12, 13, 1918 Decided December 9, 1918 248 U.S. 90
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
A right of trademark is not a right in gross; it exists only as appurtenant to an established business, and for the protection of the goodwill thereof. P. 97.
The adoption of a trademark does not project the right of protection in advance of the extension of the trade. P. 98.
Where A had a trademark in Massachusetts in connection with a business there and in neighboring states, and B afterwards, in good faith, without notice of A’s use or intent to injure or forestall A, adopted the same mark in Kentucky, where A’s business theretofore had not extended, and built up a valuable business under it there, held that A, upon entering B’s field with notice of the situation, had no equity to enjoin B as an infringer, but was estopped. P. 103.
226 F. 545 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918) in 248 U.S. 90 248 U.S. 93. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=GX58QW3LC5EK92K.
MLA: U.S. Supreme Court. "Syllabus." United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918), in 248 U.S. 90, page 248 U.S. 93. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GX58QW3LC5EK92K.
Harvard: U.S. Supreme Court, 'Syllabus' in United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90 (1918). cited in 1918, 248 U.S. 90, pp.248 U.S. 93. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=GX58QW3LC5EK92K.
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