Since the petitioners' representatives do not make personal visits to physicians and pharmacists, the petitioners were not in a position directly to suggest improper drug substitutions.

Despite a finding adverse to this plaintiff respecting the validity of its trade-mark, the charge of unfair competition presents an independent issue which must be resolved under the evidence, without regard to the finding respecting the validity of the trade-mark.

—scoring on pills to make breaking easier; concave bottom, beveled edges, and the white color of pills

Actions by pharmaceutical manufacturers against competitors selling generic products have also been brought under various other federal and state law theories.

We turn next to a few particularly pertinent decisions of courts of appeals in the interval between Kellogg and Sears-Compco—one before and the others after the effective date of the Lanham Act.

Labeling of the defendant's product, where none existed before, may also be the only remedy available to a successful plaintiff.

—both patent and unfair competition claims relating to amphetamine sulphate tablets, a prescription drug.

It is highly unlikely that star sapphires would possess any additional utility to industrial users; hence, the term gem quality merely limits the product claims to the area of usefulness.[6

其实, Qualitex 案不是针对商标的功能性作出的, 它主要解决的是单一颜色能否获得商标保护——干洗熨垫护套上的绿色能否获得商标保护. 但是, 该案涉及到颜色本身不受保护的论据之一——颜色耗尽或颜色匮乏理论. 美国最高法院在驳斥颜色耗尽理论时提出, 即使出现了所谓 “颜色耗尽” 或 “颜色匮乏” 问题, 商标注册中还有功能 (functionality) 原则的限制, 该原则的适. 用能够防止反 …

Claim for relief under Trade-Mark Act of 1946 may not be enforced against the Attorney General under Sec. 1346 (a)(2) of Title 28. 12.

[BOOK] Trademark and unfair competition law: cases and materials

[CITATION] BNA's Patent, Trademark & Copyright Journal