Miles Laboratories, Inc. v. Henry J. Frolich, D/B/A Encino Chemicals

Ninth Circuit

Miles Laboratories, Inc. v. Henry J. Frolich, D/B/A Encino Chemicals

296 F.2d 740, 132 U.S.P.Q. (BNA) 122

Court of Appeals for the Ninth Circuit·Decided December 26, 1961·No. 17491_1·Published·Cited by 5 cases

Opinions

PER CURIAM.

The appellant contends that appellee’s use of the trademark MILK-O-SELTZER in the sale of a medicinal preparation designed for the relief of headache and upset stomach infringes the appellant’s trademark ALKA-SELTZER, used for the same purposes, and also that such use constitutes unfair competition. The United States District Court for the Southern District of California, Central Division, held to the contrary. We affirm the judgment of the District Court on the basis of the well-reasoned opinion of Judge M. D. Crocker, D.C., 195 F.Supp. 256.

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PER CURIAM.

The appellant contends that appellee’s use of the trademark MILK-O-SELTZER in the sale of a medicinal preparation designed for the relief of headache and upset stomach infringes the appellant’s trademark ALKA-SELTZER, used for the same purposes, and also that such use constitutes unfair competition. The United States District Court for the Southern District of California, Central Division, held to the contrary. We affirm the judgment of the District Court on the basis of the well-reasoned opinion of Judge M. D. Crocker, D.C., 195 F.Supp. 256.

Miles Laboratories, Inc. v. Henry J. Frolich, D/B/A Encino Chemicals, 296 F.2d 740, 132 U.S.P.Q. (BNA) 122 (9th Cir. 1961).

Pincite

296 F.2d 740 (Miles Laboratories, Inc. v. Henry J. Frolich, D/B/A Encino Chemicals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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