Bayer Co. v. United Drug Co., 272 F. 505 (1921) p.339

SUBJECT

loss of trademark rights

FACTS

Competitor began selling asprin.

ISSUE

How consuming company associates name aspirin.

RATIONAL

General public only understands name aspirin. Therefore Bayer lost the right to the trademark Aspirin in regards to the general public.

This was partially decided this way in order to not hinder competition. Chemists, physicians viewed the tablet differently so treated that group different as to how they view the product.

Evidence the court looked to to determine if product was generic: Bayer's own advertising materials. Bayer was using the product as a noun. Shows that it was descriptive.

Created on: Tuesday, February 08, 2000 at 18:27:06 (PST)