Kotex Company Wins Suit Over Name

1932

New Jersey Corporation Restrained from Using Name for Product

Neenah — In a decision made recently by the United States Supreme court Kotabs, Inc., a New Jersey corporation, is restrained from using the name "Kotex" and "Kotabs" in connection with the tablets offered for sale by them under the name of "Kotex tablets."

The decision, which is a result of a suit brought by the Kotex company of Chicago, enjoins the defendants from manufacturing, marketing, selling for sale, or distributing or displaying any boxes, receptacles, labels, etc., bearing the name "Kotex" or the name "Kotabs."

In its decision, the highest court upheld the findings of the lower courts to the effect that the rights of the Kotex company with respect to the word "Kotex" were not limited to the use of the word solely in connection with the single product to which it had been applied by the Kotex company.

The court pointed out that in appropriating the trade-mark of the Kotex company and playing upon its trade name, the defendants intended to appropriate its good-will for which its trade-mark stands and upon which its very existence depends.

—Appleton Post-Crescent, Appleton, WI, Jan. 4, 1932, p. 7.