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September 21, 1907


JAMA. 1907;XLIX(12):1033. doi:10.1001/jama.1907.02530120055010

A recent decision1 of the United States Circuit Court in Rhode Island interestingly presents the United States law on the claims of proprietary medicines and the rights given by trademarks. In this case the complainant, while suing for an injunction against what it claimed to be an infringement of its trademark rights, took the position, as stated by the court, that it could make certain representations the truth of which it did not propose to prove, and that it was entitled to the protection of a court of equity in so doing. The court, on the other hand, laid down the rule that the proof should be required from that person within whose knowledge the fact rests, and "that there should be no such technical application of rules concerning presumptions or the burden of proof as to relieve a complainant from the obvious duty of satisfying the court that

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