PHENACETIN. 35 



Phenacetin is an eminently efficient medicinal remedy, and is conse- 

 quently largely used in all parts of the civili/ed world. It is open 

 to competition in every country except the United States. This situa- 

 tion has caused the pharmaceutical profession of the United States 

 to chafe considerably for many years. They think such a discrimina- 

 tion is an injustice. In many cases the burden became unbearable, 

 and an illegitimate product began to be smuggled int<> thU count rv 

 from the Canadian borders. At present it is mostly brought in by 

 unauthorized agents through the customs, duty paid, and delivered to 

 the trade at about half the price charged by the holders of the patent. 

 Much of this smuggled phenacetin bears the same label as the author- 

 ized product, but it is expressly stated on the carton that u The resale 

 and importation to the United States of America is prohibited." It 

 is sometimes called "peddled"' phenacetin. In some cases the dealers 

 in these goods are not satisfied with their profits, but mix the phenac- 

 etin with acetanilid and put it up in spurious packages closely resem- 

 bling the original cartons. Adulterated phenacetin has caused the 

 druggists of this count ry much trouble. 



For a time it was thought that phenacetin could be handled in this 

 countiT under its chemical name, para-ace tphenetid in, as were derma- 

 tol (bismuth subgallate), antifebrin (acetanilid), and antipyrin (dime- 

 thyloxychinizin), and as aristol (dithymol di-iodid) is at present; but 

 the court held that the phenacetin patent covered this name a also. 

 Whatever may be the status quo, it is quite evident that very little 

 para-acetphenetidin as such finds its way into the United States 

 except such as is brought in surreptitiously. 



The words "Phenacetin" and "Phenacetin-Bayer" are protected 

 by United States registered trade-marks, numbers 18637 and 16392, 

 respective!}'. If the usual custom should prevail, the owners of these 

 trade-marks would have the exclusive right to use these words for 

 thirty- years from date of registration, but according to certain recent 

 United States Supreme Court decisions* the word "Phenacetin" 

 becomes public property at the expiration of the phenacetin patent; 

 otherwise it would be necessary to use the chemical name or coin a 

 suitable one for common use, as was the case with vaseline, known in 

 the United States Pharmacopoeia, 1890, as petrolatum. The following 

 interesting extract is taken from the Singer decision: 



TRADE-MARK DOCTRINE AS TO USE OF NAME GIVEN TO PATENTED ARTICLE AFTER 

 EXPIRATION OF PATENTS. It is the universal American, English, and French doctrine 

 that where, during the life of a monopoly created by a patent, a name, whether it 

 be arbitrary or be that of the inventor, has become by his consent, either express or 



Dickerson v. Tinling, Fed. Kept., 1897, 84: 192. 



& Official Gazette, 1896, 75: 1703, Singer Manufacturing Company r. June Manufac- 

 turing Company; Official Gazette, 1901, 97: 958, The Holzapfel's Composition Com- 

 pany (Limited) r. The Rahtjen's American Composition Company. 



