Philip Caswell, Jr., Appellants v. Thomas Davis, Respondent

Summary

The Court affirmed the judgment of the General Term, holding that the referee's findings could not be reversed because the plaintiffs failed to show a lack of competent testimony, and that the phrase "Ferro-Phosphorated Elixir of Calisaya Bark" is not protectable as a trademark because it merely describes the ingredients and is in common use.