G. D. Searle & Co. v. Institutional Drug Distributors, Inc.

The application of the plaintiff for a preliminary or interlocutory injunction heretofore argued and submitted, is now decided as follows:

Injunction will issue as follows:

That the defendant, Institutional Drug Distributors, Inc., and its officers, agents, employees, privies, successors, assigns, and all other persons acting by and under it, during the pendency of this action and permanently thereafter, be enjoined and restrained from:

(a) using Dram-A-Mine — I.D.D. or any other counterfeit, copy, or colorable imitation of plaintiff’s federally registered trade-mark Dramamine on or in connection with the manufacture, distribution, advertising and sale of a motion sickness remedy or any other medical or pharmaceutical product;

(b) passing off, or providing others with the means of passing off in any manner, the defendant’s product as that of plaintiff’s or as having any connection with plaintiff;

(c) using any marks, or doing any acts or things likely to induce the belief on the part of the public that the defendant or the defendant’s product is in any way connected with plaintiff or plaintiff’s product.

Bond in the sum of $5000.00 to be filed by the plaintiff in accordance…