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About Wolters Kluwer Legal & Regulatory U.S.
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 We dedicate this book to our advisers on what consumers think.

You are all inherently distinctive. . . .

Isa, David, Christine, Davy, Maya, and Brian

Graeme

Julie, Aimee, Katie, and Kyle

Mark
SUMMARY OF CONTENTS

Contents
Preface to Fifth Edition
Preface to First Edition

Part I Foundations and Purposes of Trademark and Unfair

Competition Law

Chapter 1 Introduction to Trademark and Unfair Competition Law

Part II Creation of Trademark Rights

Chapter 2 Distinctiveness

Chapter 3 Functionality

Chapter 4 Use

Chapter 5 Registration

Part III Scope and Enforcement of Trademark Rights

Chapter 6 Geographic Limits on Trademark Rights

Chapter 7 Confusion-Based Trademark Liability Theories

Chapter 8 Non–Confusion-Based Trademark Liability Theories

Chapter 9 Permissible Uses of Another’s Trademarks

Chapter 10 False Advertising

Chapter 11 Trade Identity Rights in One’s Persona: Endorsement,

Attribution, and Publicity

Chapter 12 Remedies

Table of Cases
Index
xi

CONTENTS

Preface to Fifth Edition

Preface to First Edition

PART I FOUNDATIONS AND PURPOSES OF TRADEMARK AND

UNFAIR COMPETITION LAW

1 INTRODUCTION TO TRADEMARK AND UNFAIR

COMPETITION LAW

A. Sources and Nature of Trademark Rights

The Trade-Mark Cases

Hanover Star Milling Co. v. Metcalf
Mishawaka Rubber & Woolen Mfg. Co. v.
S.S. Kresge Co.
Yale Electric Corp. v. Robertson
Prestonettes, Inc. v. Coty
Notes and Questions

Note: Trademarks . . . and Copyrights

and Patents

B. The Nature of Unfair Competition Law

 International News Service v. Associated
Press
Dastar Corp. v. Twentieth Century Fox Film
Corp.
Notes and Questions

C. Purposes of Trademark Law

Daniel M. McClure, Trademarks and

Competition: The Recent History

Notes and Questions

D. Modern Marketing and Trademark Law

Jerre B. Swann, Dilution Redefined for the

Year 2002

Alex Kozinski, Trademarks Unplugged

Notes and Questions

Graeme B. Dinwoodie, (National) Trademark

Laws and the (Non-National) Domain

Name System

Notes and Questions

E. An Illustration

Elvis Presley Enterprises, Inc. v. Capece

Notes and Questions

Figure 1-1: A Trademark Timeline

Figure 1-2: A Comparison of Copyright,

Patent, and Trademark

Figure 1-3: Appeal Routes

xii

PART II CREATION OF TRADEMARK RIGHTS

 D ISTINCTIVENESS
2
Restatement (Third) of Unfair Competition

Lanham Act Section 45

Notes and Questions

A. The Spectrum of Distinctiveness

Abercrombie & Fitch Co. v. Hunting World,

Inc.
Restatement (Third) of Unfair Competition

Notes and Questions

B. Descriptiveness and Secondary Meaning

Zatarain’s, Inc. v. Oak Grove Smokehouse,

Inc.
Restatement (Third) of Unfair Competition

Notes and Questions

In re Oppedahl & Larson, LLP

Booking.com B.V. v. Matal
Notes and Questions

C. Generic Terms

Filipino Yellow Pages, Inc. v. Asian Journal

Pubs, Inc.
Mil-Mar Shoe Co., Inc. v. Shonac Corp.
Haughton Elevator Co. v. Seeberger
Murphy Door Bed Co., Inc. v. Interior Sleep
Sys., Inc.
Blinded Veterans Ass’n v. Blinded American
Veterans Found.
Notes and Questions

Problem 2-1: The Windows Product

 Problem 2-2: Preventing Genericide

Problem 2-3: Word Mark

Distinctiveness

Peaceable Planet, Inc. v. Ty, Inc.

D. Distinctiveness of Nonverbal Identifiers: Logos,

Packages, Product Design, and Colors

1. Different Tests, Different Standards?

Star Indus., Inc. v. Bacardi & Co. Ltd.

Amazing Spaces, Inc. v. Metro Mini Storage
Note

2. Expanding the Types of Nonverbal Marks

Two Pesos, Inc. v. Taco Cabana, Inc.

Notes and Questions

Qualitex Co. v. Jacobson Products Co., Inc.

Notes and Questions

3. The Design/Packaging Distinction

a. Post– Two Pesos Circuit Split in the Test of

Inherent Distinctiveness of Trade Dress

b. The Protection of Packaging Trade Dress After

Two Pesos and Qualitex

c. The Supreme Court Enters the Fray: Product

Design Trade Dress

Wal-Mart Stores, Inc. v. Samara Brothers,

Inc.
Notes and Questions

xiii

4. Trade Dress Protection After Wal-Mart

In re Slokevage
 Yankee Candle Company, Inc. v. Bridgewater
Candle Company, LLC
Notes and Questions

Problem 2-4: Cheerios

E. The Edge of Trademark Protection: Subject-Matter

Exclusions?

1. Exotic Source-Identifiers

In re Clarke
Notes and Questions

2. Subject Matter Protected by Copyright

Oliveira v. Frito-Lay, Inc.

Notes and Questions

Dastar Corp. v. Twentieth Century Fox Film

Corp.
Notes and Questions

Problem 2-5: Dastar Karaoke

FUNCTIONALITY
3
A. An Introduction to the Concept of Functionality

In re Morton-Norwich Products, Inc.

Notes and Questions

B. The Scope of the Functionality Doctrine

Wallace Int’l Silversmiths, Inc. v. Godinger

Silver Art Co., Inc.
Brunswick Corp. v. British Seagull Ltd.
Notes and Questions

C. The Supreme Court’s Approach to Functionality

Kellogg Co. v. National Biscuit Co.

 Qualitex Co. v. Jacobson Prods. Co., Inc.
TrafFix Devices, Inc. v. Marketing Displays,
Inc.
Notes and Questions

D. Post- TrafFix Applications of the Functionality Doctrine

1. Utilitarian Features

Valu Engineering, Inc. v. Rexnord Corp.

Eppendorf-Netheler-Hinz GmbH v. Ritter
GmbH
Jay Franco & Sons, Inc. v. Franek
In re Becton, Dickinson and Company
Apple Inc. v. Samsung Electronics Co. Ltd.
Notes and Questions

2. Aesthetic Features

Abercrombie & Fitch Stores, Inc. v. American

Eagle Outfitters, Inc.
Christian Louboutin S.A. v. Yves Saint
Laurent America, Inc.
Au-Tomotive Gold, Inc. v. Volkswagen of
America, Inc.
Notes and Questions

Problem 3-1: The Hershey Bar

xiv

USE
4
A. “Use” as a Jurisdictional Prerequisite

B. Actual “Use” as a Basis for Establishing Rights

1. Establishing Actual Use

 Lanham Act Section 1

Lanham Act Section 45

Notes and Questions

Problem 4-1: Use in Connection with

Goods

Aycock Engineering, Inc. v. Airflite, Inc.

Notes and Questions

Planetary Motion, Inc. v. Techsplosion, Inc.

Notes and Questions

Problem 4-2: Illegal Uses

Proving Use in Registration Practice

2. Priority of Use

Lanham Act, Section 2(d)

Notes and Questions

Problem 4-3: The Use Requirement

and Merely Descriptive Marks

Problem 4-4: Tacking

C. Constructive Use as a Basis for Establishing Rights

S. Rep. No. 100-515

1. Establishing Intent to Use

Lanham Act Section 1

M.Z. Berger & Co., Inc. v. Swatch AG

Notes and Questions

2. Constructive Use Priority

Lanham Act Section 7(c)

Notes and Questions

D. Foreign Activity as a Basis for Establishing Rights

Lanham Act Section 44(e)

 Notes and Questions

In re Rath
Notes and Questions

Lanham Act Section 44(d)

Notes and Questions

Lanham Act Section 66

Lanham Act Section 67

Notes and Questions

E. “Surrogate” Uses

1. Uses by Affiliates

Problem 4-5: Truth in Rock

Lyons v. Am. College of Veterinary Sports

Med. & Rehab.
Notes and Questions

2. Public as a “Surrogate” User

Coca-Cola Co. v. Busch

Notes and Questions

Problem 4-6: Office Space

F. Loss of Rights Through Non-Use or Uncontrolled Uses

1. Abandonment Through Non-Use

xv

Emergency One, Inc. v. American FireEagle,

Ltd.
Notes and Questions

Problem 4-7: Residual Goodwill

Problem 4-8: Trademark Maintenance

Programs
 Problem 4-9: Trademarks and the

Relocation of Sports Franchises

2. Abandonment Through Failure to Control Use

Restatement (Third) of Unfair Competition

Stanfield v. Osborne Industries, Inc.

Notes and Questions

Problem 4-10: Quality Control and

Differentiated Product Lines

University Book Store v. University of

Wisconsin Board of Regents
Notes and Questions

E. & J. Gallo Winery v. Gallo Cattle Company

Notes and Questions

REGISTRATION
5
A. The Registration Process, Post-Registration Actions,

and Incontestability

1. Overview of Relevant Provisions

Figure 5-1

2. Post-Registration Actions

3. Incontestability

Park ’N Fly, Inc. v. Dollar Park & Fly, Inc.

Notes and Questions

B. Exclusions from Registration

1. Overview

2. Scandalous, Disparaging, and Deceptive Marks

Under Section 2(a) and 2(e)(1)

Matal v. Tam
In re Brunetti
 Notes and Questions

In re Budge Mfg. Co., Inc.

Notes and Questions

Problem 5-1: Section 2(a)

Deceptiveness Versus Section 2(e)

(1) Deceptive Misdescriptiveness

Problem 5-2: Temporary Deception

and the Section 2(a) Deceptiveness

Inquiry

Problem 5-3: Government Symbols

3. Geographic Marks

In re The Newbridge Cutlery Co.

Notes and Questions

In re California Innovations, Inc.

Notes and Questions

4. Name Marks

In re United Distillers, Plc

xvi

Notes and Questions

In re Sauer
Notes and Questions

Problem 5-4: Celebrity Names

Problem 5-5: Review Exercises—

Applying Section 2

PART III SCOPE AND ENFORCEMENT OF TRADEMARK RIGHTS

6 GEOGRAPHIC LIMITS ON TRADEMARK RIGHTS

A. Geographic Limits on Common Law Rights: Tea Rose
Doctrine

United Drug Co. v. Theodore Rectanus Co.

Notes and Questions

B. Geographic Limits and Registered Rights

Dawn Donut Co., Inc. v. Hart’s Food Stores,

Inc.
National Ass’n for Healthcare
Communications, Inc. v. Central
Arkansas Area Agency on Aging, Inc.
Guthrie Healthcare System v. ContextMedia,
Inc.
Notes and Questions

C. The Territorial Nature of U.S. Trademark Rights

Person’s Co., Ltd. v. Christman

Grupo Gigante v. Dallo & Co., Inc.
ITC Limited v. Punchgini, Inc.
Belmora LLC v. Bayer Consumer Care AG
Notes and Questions

International Bancorp LLC v. Societe des

Bains de Mer et du Cercle des Etrangers
a Monaco
Notes and Questions

Problem 6-1: Scottish Beer Sales

D. The Extraterritorial Enforcement of U.S. Trademark

Rights

Steele v. Bulova Watch Co.

Vanity Fair Mills, Inc. v. T. Eaton Co., Ltd.
Sterling Drug, Inc. v. Bayer AG
 McBee v. Delica Co.
Trader Joe’s Co. v. Hallatt
Notes and Questions

Problem 6-2: Italian Online Magazine

Sales

Problem 6-3: Irish Furniture Sales

CONFUSION-BASED TRADEMARK LIABILITY

THEORIES
7
A. Evolution of the Confusion Standard

Borden Ice Cream Co. v. Borden’s

Condensed Milk Co.
Fleischmann Distilling Corp. v. Maier
Brewing Co.
Notes and Questions

xvii

B. The Actionable “Use” Prerequisite

Holiday Inns, Inc. v. 800 Reservations, Inc.

Notes and Questions

Rescuecom Corp. v. Google Inc.

Notes and Questions

C. The Factors Analysis for Likelihood of Confusion

1. Overview; Discussion Questions

Figure 7-1: Factor Tests in Likelihood-of-

Confusion Analysis

2. Applying the Factors Analysis

Virgin Enterprises Ltd. v. Nawab

 McDonald’s Corp. v. Druck and Gerner,
D.D.S., P.C., d/b/a McDental
Libman Company v. Vining Industries, Inc.
Introduction to Notes and Questions on the

Factors Analysis

Notes and Questions: Similarity of

Marks Factor

Problem 7-1: Pickle Problem

Problem 7-2: Similarity Factor for

Foreign Language Word Marks

Problem 7-3: Similarity Analysis for

Nonverbal Marks

Notes and Questions: Strength Factor

Notes and Questions: Intent Factor

Notes and Questions: Buyer

Sophistication Factor; Reasonably

Prudent Purchaser

Notes and Questions: Actual

Confusion Factor

Notes and Questions: Relatedness of

Goods/ Channels of

Trade/Bridging the Gap

Problem 7-4: Related or Unrelated?

Confusing or Not?

3. The Factors Analysis Applied to Private-Label

Goods

Problem 7-5: Likelihood of Confusion in

Private-Label Goods Cases

4. The Factors Analysis Applied to Promotional Goods

 Boston Professional Hockey Association,
Inc. v. Dallas Cap & Emblem Mfg., Inc.
Notes and Questions

5. The Factors Analysis Applied Under Section 2(d)

Lanham Act, Section 2(d)

Problem 7-6: Section 2(d) Rule of

Doubt?

Problem 7-7: Effect of PTO Section

2(d) Determinations in Subsequent

Litigation

Problem 7-8: Effect of Litigation

Determinations in Subsequent PTO

Proceedings

Problem 7-9: Section 2(d) and Consent

Agreements

D. Confusion Away from the Point of Sale

1. Post-Sale Confusion

Ferrari S.P.A., Esercizio v. Roberts

xviii

Notes and Questions

2. Initial Interest Confusion

Multi Time Machine, Inc. v. Amazon.com,

Inc.
Notes and Questions

E. Reverse Confusion

A & H Sportswear, Inc. v. Victoria’s Secret

Stores, Inc.
Notes and Questions
 F. Indirect and Vicarious Theories of Infringement Liability

Inwood Laboratories, Inc. v. Ives

Laboratories, Inc.
Tiffany (NJ) Inc. v. eBay Inc.
Notes and Questions

Problem 7-10: Brother Billy and the

Baptists’ Bathrooms

Problem 7-11: Trade “Disparagement”?

8 NON–CONFUSION-BASED TRADEMARK

LIABILITY THEORIES

A. Dilution Protection

1. The Concept of Dilution

Notes and Questions

2. Anatomy of the Federal Trademark Dilution

Provisions

Lanham Act, Section 43(c)

Notes and Questions

3. The Forms of Dilution: Dilution by Tarnishment and

Dilution by Blurring

a. Tarnishment

Toys “R” Us, Inc. v. Akkaoui

Toys “R” Us, Inc. v. Feinberg
V Secret Catalogue, Inc. v. Moseley
Notes and Questions

Problem 8-1: Dilution by Burnishing?

b. Blurring

Starbucks Corp. v. Wolfe’s Borough Coffee,

Inc.
 Visa Int’l Service Assoc. v. JSL Corp.
Notes and Questions

4. Dilution Under Lanham Act §2(f)

B. Protection Against Cybersquatting

1. Protection Under the Dilution Statute

Panavision International v. Toeppen

Notes and Questions

2. Anticybersquatting Consumer Protection Act:

Section 43(d) of the Lanham Act

Sporty’s Farm L.L.C. v. Sportsman’s Market,

Inc.
DSPT Int’l, Inc. v. Nahum
Newport News Holding Corp. v. Virtual City
Vision, Inc.
Lamparello v. Falwell
Notes and Questions

xix

Harrods Ltd. v. Sixty Internet Domain Names

Notes and Questions

3. ICANN Uniform Domain Name Dispute Resolution

Policy (UDRP)

Final Report of the WIPO Internet Domain

Name Process (Executive Summary,

April 30, 1999)

World Wrestling Federation Entertainment,

Inc. v. Bosman
Telstra Corp. Ltd v. Nuclear Marshmallows
Notes and Questions
 Coach, Inc. v. Koko Island
4. The Relationship Between the UDRP and the ACPA

Barcelona.com, Inc. v. Excelentisimo

Ayuntamiento de Barcelona
Notes and Questions

PERMISSIBLE USES OF ANOTHER’S

TRADEMARKS
9
A. Fair Use of Another’s Trademark

1. Relationship Between Fair Use and Confusion

KP Permanent Make-Up, Inc. v. Lasting

Impression I, Inc.
Notes and Questions

2. Descriptive Fair Use

Fortune Dynamic, Inc. v. Victoria’s Secret

Stores Brand Management, Inc.
Kelly-Brown v. Winfrey
Marketquest Group, Inc. v. BIC Corp.
Notes and Questions

Problem 9-1: Fair Use of Names

Problem 9-2: Fair Use of Geographic

Indicators

3. Nominative Fair Use

R. G. Smith v. Chanel, Inc.

Notes and Questions

Century 21 Real Estate Corp. v. LendingTree,

Inc.
Toyota Motor Sales, U.S.A., Inc. v. Tabari
 Int’l Info. Sys. Security Cert. Consortium, Inc.
v. Security Univ., LLC
Notes and Questions

Problem 9-3: Applying Nominative Fair

Use Tests

Problem 9-4: Nominative Fair Use in

Movies and TV

B. Use of Another’s Trademark on Genuine Goods: “First

Sale” Doctrine

Notes and Questions

Champion Spark Plug Co. v. Sanders

Notes and Questions

Gamut Trading Co. v. U.S.I.T.C.

xx

Notes and Questions

C. Expressive Use of Another’s Trademark

Anheuser-Busch, Inc. v. Balducci

Publications
Louis Vuitton Malletier S.A. v. Haute Diggity
Dog, LLC
Mattel, Inc. v. MCA Records, Inc.
Notes and Questions

Problem 9-5: Walocaust

University of Alabama Board of Trustees v.

New Life Art, Inc.
Twentieth Century Fox Television v. Empire
Dist., Inc.
Notes and Questions
 Problem 9-6: Trademarks and Virtual

Worlds

Problem 9-7: Trademarks and Political

Speech

Problem 9-8: “Dumb” Starbucks

FALSE ADVERTISING
10
A. Introduction: The Evolution of Section 43(a) False

Advertising Claims

Notes and Questions

B. Threshold Issues

Problem 10-1: Standing

Problem 10-2: Commercial

“Advertising or Promotion”

C. Elements of the Section 43(a)(l)(B) False Advertising

Claim

United Industries Corp. v. Clorox Co.

Notes and Questions

Problem 10-3: This Casebook Rocks

Pizza Hut, Inc. v. Papa John’s International,

Inc.
Notes and Questions

Cashmere & Camel Hair Mfrs. Inst. v. Saks

Fifth Avenue
Notes and Questions

Trafficschool.com, Inc. v. Edriver, Inc.

Notes and Questions

Problem 10-4: “Ambush” Advertising

 Problem 10-5: Lanham Act False

Advertising Versus Other Federal

Labeling Regulations

TRADE IDENTITY RIGHTS IN ONE’S PERSONA:

ENDORSEMENT, ATTRIBUTION, AND PUBLICITY

11
A. Section 43(a) and the Protection of Personal Identity

1. False Over-Attribution

Notes and Questions

2. False Under-Attribution

Notes and Questions

Problem 11-1: Dastar and False

Advertising Theories in Under-

Attribution Cases . . . Featuring

Paris Hilton

xxi

B. Right of Publicity

1. Overview of Statutory and Common Law Regimes

Indiana Code Title 32 (Property)—Art. 36

(Publicity) Chap. 1 (Rights of Publicity)

Notes and Questions

Figure 11-1

Problem 11-2: Copyright Preemption

of the Right of Publicity

Cheatham v. Paisano Publications, Inc.

Notes and Questions

2. Protectable Aspects of Persona

 John W. Carson v. Here’s Johnny Portable
Toilets, Inc.
Vanna White v. Samsung Electronics
America, Inc.
Vanna White v. Samsung Electronics
America, Inc.
Notes and Questions

Problem 11-3: The Right of Publicity

and Portrayals of Fictional

Characters

3. Limitations on the Right of Publicity

Hart v. Electronic Arts, Inc.

Notes and Questions

Michæl Jordan v. Jewel Food Stores, Inc.

Problem 11-4: The Scottish Elvis

Problem 11-5: Sheriff Andy Griffith

Problem 11-6: G.I. George

Problem 11-7: The Soldier’s Right of

Publicity

Problem 11-8: Guitar Hero

REMEDIES
12
A. Injunctive Relief

Goto.com, Inc. v. Walt Disney Co.

North American Medical Corp. v. Axiom
Worldwide, Inc.
Adidas America, Inc. v. Skechers USA, Inc.
Notes and Questions

B. Monetary Relief
 Lindy Pen Co. v. Bic Pen Corp.
George Basch Co. v. Blue Coral, Inc.
Synergistic Int’l, LLC v. Korman
Notes and Questions

Nightingale Home Healthcare, Inc. v.

Anodyne Therapy, LLC
Notes and Questions

C. Counterfeiting

K & N Engineering, Inc. v. Bulat

Notes and Questions

D. Other Remedies

Table of Cases
Index
xxiii

PREFACE TO FIFTH EDITION

We are pleased to introduce the Fifth Edition of Trademarks and

Unfair Competition: Law and Policy. We are especially pleased that

the Fifth Edition will be made available in a more modestly-priced,

looseleaf format. We sincerely hope that the looseleaf format will

prove to be convenient for instructors and students, and we hope

that the reduced cost will provide at least a little relief for students’

budgets.

This edition follows the core structure of prior editions, but

reflects two emerging themes in U.S. trademark law. The first is the

intersection between free speech and trademark rules. The most

obvious illustration of the intersection is the Supreme Court’s opinion

in Tam finding the “disparagement” provision of the Lanham Act to be

inconsistent with the First Amendment, and the Federal Circuit’s

follow-on decision in Brunetti, both of which appear in Chapter 5. But

there are other examples, including the increased attention to Rogers

v. Grimaldi as the standard by which to limit the enforcement of

trademark rights against expressive uses (Chapter 9), and questions

about the constitutionality of dilution by tarnishment (Chapter 8).

The second theme concerns the content of unfair competition law

under Lanham Act Section 43(a), and particularly the extent to which

rules that apply to registered rights also apply to unregistered rights

enforced through Section 43(a) actions. The Tam decision, and other
cases (such as Belmora, covered in Chapter 6), have brought renewed
attention to this longstanding puzzle. This development is relatively

inchoate (compared to the free speech challenges, which have been

more developed and quite prominent), but we have tried to flag the

issue where appropriate.

Instructors who are familiar with past editions will notice that the

Fifth Edition strives to maintain the strong points of its

predecessors. We have continued our tradition of extensively

covering functionality (Chapter 3), an area of trademark

jurisprudence that is increasingly important in view of the expanded

interest in design protection (especially outside the trademark

regime) and which we believe encourages students to develop a

critical approach to the field from early in the course. We have also

retained an emphasis on international and comparative aspects of

trademark law, integrating those materials with the pertinent

discussion of domestic law. And we have remained attentive to the

impact on trademark law of shifts in online business practices and

social media usage.

We have appreciated the help of many individuals in preparing

this new edition of the book. Professor Janis benefitted from the

efforts of research assistants Alyssa Deckard, Evan Glass, and Ryan

McDonnell, and administrative support from the Center for

Intellectual Property Research at the Indiana University Maurer

School of Law. Professor Dinwoodie is very grateful for the research

assistance provided by Shannon Bezner. And, as always, we greatly

appreciate the comments we have received from users of the book,

both students and fellow trademark professors. We hope that you

will continue to offer us your reactions.

xxiv

Statutory materials, and supplemental materials covering

developments that post-date publication of the book, can be found

Another random document with
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and the tendency to fatty degenerations and heart disease introduces
a special predisposition as it does in man, while the horse, inured to
an open air life and a vigorous muscular condition, is comparatively
immune. Bright’s disease is a common cause in the human subject,
with its resulting cardiac hypertrophy. The degenerations attendant
on these conditions and especially fatty change (atheroma) in the
walls of the cerebral arteries, pave the way for their rupture and for
blood effusion. Emboli also carried from the diseased heart not only
cut off the blood from the parts supplied by the plugged arteries, but
increase the blood tension on the cardiac side of the obstruction and
endanger rupture at any weak part. Thus they may cause apoplexy
from anæmia without rupture or apoplexy from the pressure of
effused blood.
Age which is such a notorious factor in man is not without its
influence in the lower animals. It is in the old that we mostly see
disease of kidneys and heart and the degenerations of the tissues,
including the brain and its vessels; in these, therefore, rupture and
extravasation are the most frequent.
The other causes are mostly connected with increased blood
tension with or without a debility of the vascular walls. Violent
exertions as in racing, coursing, dragging heavy loads up hill or on
heavy ground, severe excitement, cerebral concussion, insolation,
and intense congestion of the brain substance have all been
recognized as causative factors. The compression of the jugulars by a
small collar, the violent straining attendant on parturition, or
constipation, and even the retrocession of blood from the surface
when exposed to extreme cold, may contribute to the final rupture.
In infectious diseases in which the toxic products tend to produce
profound modifications in the blood and tissues, extravasations are
met with in the brain as in other organs. Thus they are seen in
anthrax, Texas fever, petechial fever, etc.
Then the formation of neoplasms in the brain may be the
occasion of the rupture of the vascular walls and apoplexy.
Hæmatoma of the dura in the dog (Friedberger and Fröhner),
cholesteatomata in the horse, and carcinoma may be apparent
causes.
The effect of mechanical injury must be admitted, as blows on
the head, injuries from an ox yoke, and concussions during the
battles of rams and bulls.
Lesions. Blood extravasations may be found at any part of the
brain: a. into the brain substance; b. into the ventricles; c. from the
pia mater; d. into the arachnoid sac; e. between the skull and dura
mater. It is especially common in connection with the ganglia
adjoining the ventricles; the corpus striatum, optic thalamus, the
corpora quadrigemini, the fornix. In other cases the crus cerebri,
pons, medulla oblongata, corpus calosum. In other cases the
convolutions of the cerebrum or cerebellum suffer. The amount of
effusion may be limited to a few drops or it may cover an extensive
area and cause considerable flattening of the brain substance.
When capillary hæmorrhages are present—the size of a millet seed
or a pea—Friedberger and Fröhner have usually found them
multiple, but when large enough to form distinct clots they are
usually single and confined to one side. If a clot, involving the brain
substance, is small, it merely separates the nervous fibres, but if
larger, the cerebral tissue is broken down in the mass of clot,
discolored, torn and softened. If the patient has survived the first
attack the clot passes through the different stages of discoloration,
brown, brownish yellow, yellow, and may become fibrous forming a
distinct cicatrix, with loss of brain substance. In connection with the
partial absorption of the effused blood, cavities may be filled with a
serous fluid (apoplectic cysts), and these may show multiple loculi.
The nerve fibres which lead to an old standing lesion are usually
degenerated.
When effused into a ventricle, blood is less readily absorbed and
tends to remain as a flattened discolored layer.
Extravasation between the dura mater and the cranium is probably
always the result of direct mechanical violence.
Symptoms. Premonitory indications of apoplexy are less
commonly recognized in the lower animals than in man, doubtless
largely because of the impossibility of appreciating subjective
symptoms. The first observed indications are usually dullness, some
lack of coördination of movement, swaying, unsteady gait, trembling
and a tendency to deviate to one side or to move in a circle. In the
majority of cases, however, the first symptoms noticed are a
complete loss of consciousness or nearly so, a sudden fall and often
more or less convulsive movements of the limbs aggravated by any
excitement. The eyes remain dilated, the pupils enlarged or
sometimes contracted, and in case of unilateral effusion the axis of
vision of both eyes is turned to the affected side, right or left. The
pupil of one eye is likely to be more widely dilated than that of the
other. Rolling of the eyeballs is not uncommon. Convulsions may
occur, the head and hind limbs being drawn back forcibly as in
oposthotonos, or the animal may lie flaccid and comatose from the
first. The nasal, buccal and orbital mucous membranes are usually
congested, deep red or livid, yet sometimes they are anæmic and pale
(Shock). The breathing is usually characteristic, being deep, slow,
labored, irregular and stertorous and accompanied by puffing out of
the cheeks at each expiration (except in solipeds). Yet there are cases
in which stertor is absent. The pulse is usually slow, full and soft,
and, in the carotids, throbbing, but it may be weak and
imperceptible. There may be complete unconsciousness, and again
from the first, or nearly so, there may be a slight response to a
stimulus, which cannot be referred altogether to reflex action. In
vomiting animals, emesis may ensue. Stupor and coma are more or
less marked, though liable to intermissions under any cause of
irritation.
Along with the above symptoms the spasms and sequent paralysis,
are significant. If confined to given muscles or groups of muscles
(monoplegia) it usually implies pressure on some special cortical
convolutions presiding over these muscles, and convulsions are to be
expected. If there is hemiplegia it is suggestive of implication of the
medulla or pons on the opposite side, or of a clot on the corpus
striatum or extensively on one side of the cerebrum. A clot in the
lateral ventricle tends to profound coma. So liable, however, is
pressure to be extended from one side of the brain to the other, and
irritation on the one side to rouse a corresponding condition on the
opposite side, or in related ganglia, that deductions of this kind
cannot always be implicitly relied on.
Though an animal should recover from an attack there is liable to
remain some modification of the nervous functions, partial
anæsthesia, circumscribed paresis, dullness, lack of energy,
irritability, or muscular atrophy.
Cerebral embolism and thrombosis and their sequelæ, infarction
and softening, give rise to corresponding symptoms, according to the
seat of the lesion, and like lesions of the blood vessels predispose to
subsequent attacks.
Diagnosis is based largely on the appearance, usually sudden but
sometimes slow, of a more or less profound unconsciousness,
attended or followed by paralytic troubles. The history of the case
may assist, any blow on the head, or sustained by falling, striking a
wall or post, or wearing a yoke, is to be noted. Any extraordinary
exertion or excitement must be considered. Any sign of injury about
the head; the congestion of the cephalic mucous membranes in
contrast with the pallor of shock; the onset of the attack without
convulsions (or with them as in epilepsy); the deep coma indicating
cerebral hæmorrhage or narcotic poisoning; the absence of the odor
of alcohol, opium, or other narcotic from the breath; the turning of
the eyes to one side and the inequality of the pupils on the two sides;
the turning of the head to the same side as the eyes; the slow,
labored, usually stertorous breathing; the slow, full, soft pulse; the
occasionally rigid condition of the muscles and finally the paralysis,
hemiplegic, and less frequently monoplegic or paraplegic, make up
the diagnostic picture.
Uræmia and diabetic coma may be excluded by examination of
the urine, pulmonary apoplexy or œdema by the predominance of
respiratory troubles, and fulminant anthrax by the examination of
the blood and by the fact that this disease does not prevail in the
locality.
Treatment is very unsatisfactory in the lower animals, as the
disease is very fatal, and unless recoveries are complete, they are not
pecuniarily desirable. It is only in the slighter cases, therefore, that
treatment can be recommended. At the very outset nothing is better
than a full bleeding in a large stream from the jugular vein or
temporal artery. Ice, snow, or cold water should meanwhile be
applied to the cranial region. Absolute rest should be given, any
harness that would impede circulation or respiration removed, and
hot water or stimulating embrocations applied to the limbs.
When consciousness returns and the patient can swallow, an active
purgative may be administered, or barium chloride or eserine may be
given subcutem. Any recurring heat of the head may be met by
renewal of cold applications, and the force of the circulation may be
kept in check by small doses of bromides or aconite. In case of the
formation of a clot, iodide of potassium and other alkaline agents
may be resorted to. Quiet and the avoidance of all excitement
together with a laxative non-stimulating diet must be secured
throughout. A course of vegetable or mineral tonics and an
occasional blister to the side of the neck may prove a useful sequel.
 CEREBRAL HYPERÆMIA.
MENINGO—ENCEPHALIC CONGESTION.

Passive and active hyperæmia. Causes: passive: obstacles to return of blood:

anæmia: active: brain excitement, sun-stroke, violent exertion, fear, abdominal
tympany, ptomaines, narcotics, lead, darnel, millet, leguminous seeds partly
ripened, tumors, parasites. Symptoms: horse: variable, vertigo, stupor,
convulsions, apoplexy, irritability, disorderly movements, strong, hard pulse,
congested mucosæ, heat of head, dulness, drowsiness, lethargy, coma, alternating
periods of violence, aggravated by what tends to increase vascularity of brain,
congested optic disc: cattle: parallel, with special heat of horns: dogs: similar, with
desire to move, or wander, or has nausea, howls, snaps. Treatment: cold to head,
derivation to limbs and bowels, chloral, bromides, ergot, bleeding, darkness,
coolness, non-stimulating food.

Congestion of the encephalon is treated here as a pathological

entity, though it cannot always be distinguished clinically from some
forms of vertigo on the one hand and from the milder types of
apoplexy or encephalitis on the other. It has been divided into
passive or venous hyperæmia and active or arterial hyperæmia.
Passive hyperæmia, as shown under vertigo and apoplexy is a
common result of a tight collar, a tight strap used for cribbiting, a too
short bearing rein, dilation or valvular disease of the right heart, or
disease of the lungs, violent efforts in running, draught, etc. It tends
to be associated with arterial anæmia on the principle that the closed
cranial cavity can only admit a certain amount of blood and if an
excess accumulates in the veins and capillaries, this must be
compensated first by the movement backward to the spinal canal of
the cerebro-spinal fluid, and second by the diminution of the blood
in the cerebral arteries.
Active hyperæmia may be brought about by any excitement which
especially affects the brain. This has been already noted in
connection with insolation (sun-stroke). It may result from severe
exertion during hot weather, in a violently contested race, in drawing
a heavy load up hill, or in harsh training. Violent exertion just after a
meal is especially injurious. Also the excitement of travelling by rail,
or that caused by proximity to locomotives, to discharges of firearms
and to other causes of great fear; encreased blood tension in the
cerebral vessels in connection with hypertrophy of the left ventricle,
or obstruction in other vessels (of the limbs) so as to direct the force
of the current into the carotids, the expulsion of blood from the
splanchnic cavities by gastric or intestinal tympany, or overloading of
the paunch, and irritation of the brain by ptomaines and toxins in
certain infectious diseases (rabies, canine distemper, etc.). In the
same way vegetable narcotics (opium, etc.) produce congestion.
Among the most common causes of congestion are lead, poisoning
by lolium temulentum, partially ripened lolium perenne, millet,
Hungarian grass, and partially ripened seeds of the leguminosæ
(chick vetch, vicia sativa.). Other causes are the presence of tumors
(cholesteatoma) and parasites (cœnurus, cysticercus) in the brain.
Symptoms. Cerebral hyperæmia, like other brain disorders may
give rise to a great variety of symptoms, according to the condition of
the animal and the susceptibility of its nerve centres. Some cases
have the characteristic seizures of vertigo, others the manifestations
of heat stroke, and others, epileptic explosions or apoplectic
symptoms. For these see under their respective headings. In other
cases the symptoms are those of encephalo-meningitis but moderate
in its type and often tending to a transient duration, or to prompt
resolution and recovery.
Horse. There is manifest change of the nervous and intellectual
conditions, which may show itself by irritability or restlessness, by
pushing against the wall, by hanging back on the halter, by
trembling, shaking the head, neighing, pawing and, in exceptional
cases, by rearing, biting or kicking. The pulse is hard and full, the
heart’s impulse strong, the beats in the carotids and temporal
arteries being especially forcible, and the buccal, nasal and orbital
mucosæ are strongly congested. Heat of the head is usually a marked
feature. While usually very sensitive to touch, noise or light, the
animal may be dull or drowsy, and in spite of its marked
sensitiveness, it is then inert or lethargic and indisposed to any active
exertion. Freidberger and Fröhner say that the habitual comatose
condition alternates at intervals with periods of violent excitement
during which the animal pushes or dashes against the wall, grinds
the teeth, rears, paws, kicks, bites, etc., and then relapses into the
state of coma. When the disease reaches this stage it may be
questioned whether we are not dealing rather with acute
encephalitis.
In active congestion the symptoms are always aggravated by
whatever tends to increase the vascular tension in the brain. Active
exertion, draught, the pendent position of the head, the recumbent
position on the side with the head as low as the body or lower,
aggravate all the phenomena and render the animal more helpless.
The following table slightly modified from Spitzka serves to point
out the distinctions between anæmia and hyperæmia:
Symptoms. In Cerebral Anæmia. In Cerebral
Hyperæmia.

Pupils. Usually dilated and mobile. Usually small or

medium.
Respiration. Often interrupted by a deep breath Normal or nearly so.
or sigh, even when at rest.
Activity. Lassitude. Restless, but
indisposed to
exertion.
Temperament. Lethargic with exceptions. Irritable with
exceptions.
Intelligence. Senses impaired. Impaired.
Elevation of Aggravates symptoms. No effect, or
head. improvement.
Recumbent, Amelioration. Aggravation.
dependent
head.
Straining. Not necessarily aggravated. Aggravated.
Cattle show the same general congestion and heat of the head,
ears and horns, congested mucosæ, fixed eyes, and pupils,
indisposition to follow the herd, irritability, and dulness with often a
disposition to lie down. This may go on to violent bellowing, pushing
against the wall, grinding of the teeth, working of the jaws, rolling of
the eyeballs, and violent dashing in different directions regardless of
obstacles.
 Dogs show the same restlessness and excitability, congested head,
eyes and nose, frequent movement from place to place, a desire to
wander off, and it may be spasms. If there has been any gastric
disturbance vomiting usually supervenes. As in the larger animals
the disease may go on to more violent symptoms, and the animal
howls, rushes in different directions, and may snap at imaginary
objects, or at any one who interferes with him. His movements are
liable to be unsteady, uncertain and swaying.
In all cases the ophthalmoscope reveals a congestion of the optic
disc.
In the different animals too, acute cerebral hyperæmia tends to
merge early into encephalitis with exudation and pressure, attended
by stupor, coma, somnolence or profound lethargy.
Treatment. In slight cases of cerebral hyperæmia, it may be
sufficient to apply cold to the head with a stimulating fomentation to
the limbs, and an active purgative, with chloral or bromides. Ergot in
full doses has often an excellent effect.
In the more acute types of the disease, bleeding is the first and
most efficient measure. A full abstraction from the jugular will
relieve the vascular tension and relieve the circulation on the brain.
It has been counselled to avoid this when comatose symptoms have
set in, and in some prostrate conditions a large and rapid abstraction
of blood may fatally increase the prostration. In other cases,
however, the less rapid abstraction will improve at once the
intracranial circulation and nutrition, and solicit the reabsorption of
the exudate which produces sopor and coma.
A purgative is one of the most efficient derivatives, the
determination of an excess of blood to the bowels and of an
abundant serous discharge into their interior acting as a valuable
depletion, and abstraction of blood from the over-excited brain. At
least a half more than the usual dose must be given, and may be
supplemented by an injection of glycerine or a hypodermic
exhibition of eserine. It is best to avoid too drastic or irritant
purgatives as the cerebral congestion may be aggravated by the
irritation, as it often is induced in severe indigestions. For the horse,
aloes and podophyllin, or for ruminants, omnivora and carnivora
castor oil may be resorted to.
 The patient must be placed by himself in a dark, cool, well aired
building, and when able to resume feeding must receive an easily
digested, non-stimulating diet; for horses or cattle gruels, wheat bran
mashes, pulped roots, or green food; for dogs and pigs, gruels, mush
or milk.
Any sequent paralysis must be treated on general principles.
 MENINGO—ENCEPHALITIS. STAGGERS.

Divisions. Causes: traumas, faulty diet, highly nitrogenous, leguminous seeds,

undergoing ripening, cotton seed, gluten meal, forced feeding, buckwheat,
ryegrass, lupins, cryptogams, trefoil, equisetum, narcotics, microbian ferments,
experiments with spoiled food and epizootics in wet years, high temperature,
violent exercise, railroad travel, climatic change, complex causes, embolisms,
infections, lead, phosphorus, tumors, parasites. Symptoms: with meningitis, fever,
hyperæsthesia, active delirium and convulsions predominate: with encephalitis,
dullness, stupor, somnolence, muscular weakness, anæsthesia, paralysis, coma;
usually complex, hyperthermia, periods of benumbing, followed by excitement;
drowsy, stupid, semi-closed eyelids, drooping lips, ears, and head, latter resting on
manger or wall, walks unsteadily, limbs out of plumb, hangs on halter, won’t back,
turns in circle, costive, indigestion, tympanies, rumbling, abnormal (often slow)
pulse and breathing, congested optic disc; alternate with trembling, excitement,
pawing, rearing, plunging, pushing against the wall, trotting motions, etc.:
uncontrollable violence; severity and frequency of paroxysms indicate gravity;
recovery: sequelæ. Duration: death in 24 to 36 hours: or weeks. Prognosis: one-
quarter recover, with increased susceptibility; nervous animals worst. Lesions:
extravasation, congestion, exudates, pus, thickened meninges; choroid plexus:
brain matter gray or red, puncta, infiltrated, softened, excess of leucocytes, red
softening, yellow softening, sclerosis, cicatrix, abscess. Diagnosis: from rabies,
cerebral congestion, immobility, influenza. Cattle. Symptoms: evidence of trauma,
indigestion, lead poisoning, narcotism, parasitism; dullness, stupor, somnolence,
stertor, grinding teeth, spasms, twitching, restless movements, blindness, violent
actions, bellowing, hebetude, palsy. Relation to causation. Sheep: Symptoms.
Swine: Symptoms. Dog: Symptoms. Diagnosis from rabies. Treatment: quiet,
darkness, coolness, restraint, ice or cold irrigation, elimination, derivation,
depletion, diuretics, potassium iodide, antipyretics, laxative diet, cool water,
evacuate abscess. Cattle, similar, saline laxatives, for lead sulphuric acid, for
cœnurus, operation, for œstrus, benzine. Dog, parallel treatment, milk diet or
gruels, for linguatula, benzine.

The inflammatory affections in the cranial cavity have been

divided primarily into the following:
 1. Meningitis. Inflammation of the coverings of the brain, and
2. Encephalitis (Cerebritis). Inflammation of the nervous substance. These are
further subdivided into:
A. Pachymeningitis. Inflammation of the dura Mater.
B. Leptomeningitis. Inflammation of the pia Mater.
C. Purulent Meningitis.
D. Serous Meningitis.
E. Tubercular Meningitis.
F. Traumatic Meningitis, etc.
G. Cerebro-Spinal or Infective Meningitis.
H. Acute Meningitis.
I. Chronic Meningitis.
J. Polioencephalitis Corticalis. Inflammation of the brain cortex.
K. Polioencephalitis Superior. Inflammation of convolutions around the Sylvian
fissure, palsy of the eyeball.
L. Polioencephalitis Inferior. Inflammation of the Medulla, bulbar palsy.
M. Interstitial Inflammation of the Brain. Resulting often in sclerosis.
In the lower animals, however, where we cannot avail of subjective
symptoms, such fine distinctions can rarely be made in diagnosis and
except in case of an uncomplicated meningitis, or a circumscribed
encephalitis, which affects only a limited group of muscles like those
of the eye, arm, or leg, we have to fall back upon a more general
diagnosis. Again meningo-encephalitis is more common than the
uncomplicated affection of the brain, or the membranes, and
therefore, we shall follow Trasbot in dealing with the combined
affection, and noting incidentally the distinctions that can be made
in the more purely limited affections.
Causes. Mechanical Injuries. Pachymeningitis occasionally
results from blows or other injuries upon the head, especially in
stallions and vicious horses struck with a heavy whip or club, cattle
and sheep injured in fighting, and oxen hurt by the yoke. These
injuries may also affect the brain as in concussion, or by the
extension of the disease into the nervous tissue. In the cranium of a
stallion in the New York State Veterinary College Museum the whole
of the meninges are greatly thickened by a traumatic meningitis of
old date and the subjacent cerebral convolutions of the right
hemisphere are deeply encroached on, flattened and absorbed over
an area of 1¾ inches in the longest diameter.
 Diet. Among the most common causes of encephalitis in horses is
an injudicious dietary. Overfeeding with grain, but especially with
grain and seeds that are rich in albuminoids deserve the first
mention. The various leguminous seeds, peas, beans, tares, vetches,
and the ripened leguminous fodders, clover, alfalfa, and sainfoin, are
especially to be incriminated. These are usually most dangerous
when in the stage of advanced ripening and yet not fully matured,
evidently indicating the development of narcotic poison at this stage.
Such poisons are found habitually in certain species, like the chick
vetch (vicia cicera) which produces paralysis when fed to the extent
of more than one-twelfth part of the ration. This danger is not,
however, confined to the leguminosæ; an over abundant ration of
cottonseed meal has a similar effect, and indeed this rich alimentary
product has been practically discarded from pig feeding, and largely
as the main constituent from the ration of dairy cows. Gluten meal,
another product rich in proteids, is attended by similar dangers. But
it is not alone the seeds that are rich in nitrogen that are to be
dreaded, forced feeding even on the carbonaceous maize induces
disorder of the digestion and brain, especially in dairy cows.
Buckwheat, also, and indeed all the heating carbonaceous grains
tend to similar disorders, and are especially injurious in internal
ophthalmia (recurring ophthalmia) which is so closely related to
brain congestion. With sound judgment and in well balanced rations,
all such agents can be fed to advantage; it is only when fed
exclusively or to excess as the heavy ration that they are to be feared.
Narcotics. Next must be noted those alimentary matters which
are hurtful by reason of narcotic constituents. At the head of this list
may be placed the lolium temulentum or intoxicating ryegrass. like
the vicia sativa or cicera, the seeds of this are always poisonous,
hence its significant name. Then the other ryegrasses, perennial and
annual (Italian), though perfectly safe in ordinary circumstances,
develop at the period of ripening a narcotic principle, which
produces cerebral congestion or inflammation in whole stables of
horses at a time. The lolium temulentum is poisonous to man and
animals alike. Baillet and Filhol obtained from the seeds an etherial
extract containing a bland oil to the amount of two fifths and a
yellow extract to the extent of three-fifths. The amount of this extract
derived from three ounces of the seeds often developed the most
violent symptoms in the dog, while that furnished by six pounds of
the seeds proved fatal to the horse. Pigs and cattle seemed to be
unaffected by the agent when given by the mouth. Sheep suffered
more but required large doses. Ducks and chickens were practically
immune, being affected only by very large doses. Rabbits were not
poisoned by the yellow etherial extract, but succumbed to a watery
extract. Brydon found that lambs suffered extensively from eating
the heads of the ryegrass.
Lupins on certain lands produces an icteric disorder accompanied
by cerebral symptoms but the result is not the same under all
conditions and it has been suspected that the symptoms were caused
by cryptogams and their products. The same remark applies to the
brain symptoms sometimes produced by trefoil, equisetum and other
plants.
A great number of narcotic and narcotico-acrid plants produce
nervous symptoms indicating cerebral congestion or inflammation
such as ranunculus, wild poppy, digitalis, fennel, œnanthe crocata,
hellebore, veratrum, conium, yew, tobacco, box, aconite, cicuta
virosa, even buckwheat at the time of flowering, vetch and flax.
Fodders affected with cryptogams or bacterial ferments are
undoubtedly at times the cause of encephalitis. Veterinary records
furnish many instances of wide spread attacks of stomach staggers,
abdominal vertigo, and cerebro-spinal meningitis in wet seasons,
when the fodders have been harvested in poor condition, or when
from inundation or accidental exposure they have become permeated
by cryptogams and microbes. Among comparatively recent accounts
of this are those of Martin and Varnell (musty oats), Lombroso,
Depre, Erbe, Pellizi, and Tireli (smuts), Bouley and Barthelemy
(musty fodder), and Ray (fermented potatoes). One of the most
extended local outbreaks of cerebro-spinal congestion I have seen,
occurred in the pit mules of the Wilkesbarre coal mines, while fed on
Canadian hay which had been soaked with rain in transit and had
undergone extensive fermentation. It should be noted that there
were the attendant factors of overwork, in anticipation of a strike,
and a Sunday’s holiday above ground in a bright summer sunshine.
The experimental administration of moulds, smuts and microbes,
have in the great majority of cases led to little or no evil result
(Gamgee, Mayo, Dinwiddie, etc.) and there is a strong tendency to
discredit the pathogenic action of these agents in reported outbreaks.
The safer conclusion perhaps would be, to recognize the fact that
they are not equally pathogenic under all conditions of their growth
and administration. The oft-recurring epizootics of brain disease in
connection with wide spread spoiling of the fodders in remote and
recent times, probably imply that cryptogams or microbes and their
products, plus some condition not yet fully understood are efficient
concurrent factors. If we can discover this as yet unknown factor and
demonstrate that it operates with equal power in the absence of the
cryptogams and ferments, as in their presence, it will be logical to
pronounce these latter as nonpathogenic under all circumstances.
Until then cryptogams and bacteria must be held as probable factors.
A continuance of high temperature is an undoubted factor and
becomes more potent, if conjoined with a close, damp, ill-aired
stable.
Violent exertion especially in hot weather produces active
congestion of the brain and occasionally merges into meningo-
encephalitis. If the animal has been for sometime confined to the
stable on rich aliment the condition is aggravated.
Railroad travel is another recognized cause.
Any considerable change of the conditions of life may operate
in the same way. A sale and transport to a distance with change of
feed, water, work, stabling and even of climate is at times a potent
factor. Prietsch has seen a horse attacked three times in a single year,
and on each occasion after a change of ownership and locality.
Trasbot quotes an Algerian veterinarian to the effect that many of the
percheron horses imported into the Mitidja are attacked by
encephalo-meningitis during the extreme heats of summer.
A careful observation of cases will however show that in the
majority of cases an attack comes not from one individual factor
alone but from a concurrence of several operating together.
Other cases are caused by embolisms and infections from
diseases localized in other parts of the body. Thus we have cerebral
abscess in pyæmia, strangles and omphalitis, and cerebral
congestions and inflammation in canine distemper, equine
contagious pneumonia, laminitis, and angina.
Among mineral poisons, lead is notorious as a cause of acute
cerebral disorder often leading to inflammation. Other mineral
poisons like arsenic and phosphorus may lead to encephalitis
symptomatic of gastro intestinal irritation, or caused by the toxic
products of indigestion.
Rapidly growing tumors, like cholesteatomata, are liable to
induce recurrent attacks of encephalitis in connection with periodic
irritation.
Finally parasites in the cranium are sufficient causes of attacks.
In the New York State Veterinary College Museum is the brain of a
cat with a nematoid wound round the hypophysis. In equine subjects
suffering from the strongylus armatus the larval worm or clots
caused by its presence in other arteries sometimes invade the
encephalic blood vessels causing disturbances of the circulation,
embolism, inflammation or degeneration. (Albrecht, Von Heill). The
larvæ of the œstrus has also been found in the brain substance
producing inflammatory or degenerative foci (Brückmüller, Megnin,
Siedamgrotzky). Their presence in the nasal sinuses at times cause
encephalitis by contiguity. The cestoid worms, cœnurus in sheep and
other ruminants, and cysticercus in swine, find their natural larval
habitat in the brain and by their movements produce more or less
congestion and inflammation. Cases of cœnurus in the horse have
been described by Rousset, Frenzel, Zundel, and Schwanefeldt.
Symptoms. The symptoms of uncomplicated meningitis on the one
hand and encephalitis on the other are rarely seen, the disease
usually implicating more or less both brain and meninges, in a
common inflammation or the symptoms of the one involving those of
the other through proximity or interdependence of function. And yet
in traumatic lesions of the cranial walls, the symptoms may be those
of pure meningitis, and in thrombosis, embolism or parasitism of the
brain, and in certain tumors they may be those of simple
encephalitis. The distinction consists largely in the predominance of
fever, hyperæsthesia, active delirium and convulsions in meningitis,
and especially in its earlier stages; and the prominence of dullness,
stupor, somnolence, muscular weakness, paralysis, anæsthesia,
coma, and the clouding of special senses, with much less pronounced
febrile reaction, or vascular excitement in encephalitis.
There is usually, however, a mixing of symptoms so that the
benumbing or paralysis of the nervous functions alternates with
periods of their exaltation, and with both conditions hyperthermia
exists, though usually higher with meningitis.
The manifestations of benumbing or paresis may be continuous or
interrupted, and are exhibited in stupor, coma, somnolence,
lethargy, paresis or paralysis. The manifestations of excitement are
not continuous but occur in paroxysms or at least exacerbations,
which may show in visual or mental illusions, active, violent
delirium, trembling, rigors, clonic or tonic spasms. The onset is
usually abrupt, the animal passing in a few hours from apparent
health, to pronounced nervous disorder. The horse seems drowsy
and stupid, standing with semi-closed eyes, often drooping lower lip
and ears, head pendent and resting in the manger or against the wall
in front, the back arched and the limbs drawn together. When
moved, it walks unsteadily and often the limbs are left out of plumb,
one extending unduly forward, backward or to one side, and often
crossing over its fellow. Some cannot be made to back, others back
spontaneously hanging on the halter. Turning short in a circle is
difficult or impossible and tends to throw the patient down. Yet some
exceptional cases will turn around spontaneously to the right or left,
and an animal tied to a post goes around it at the end of its halter in
its effort to pass straight forward. The circling movement may be due
to the irritation on the one side of the brain or to irritation of
particular ganglia and nervous tracts as noticed under cerebral
hyperæmia.
Appetite is usually lost, or, more properly, the animal no longer
takes notice of surrounding things, not even of its food. In some
cases, however, in which stupor or coma is not extreme the animal
will eat a little during his quiescent intervals. In ryegrass and other
dietetic poisoning, the animal may still eat and fall asleep with the
month full. The digestion is impaired or suspended, the bowels
costive, and fermentations with tympanies and rumbling are
frequent complications. When originating from poisonous food this
often contributes to these abdominal complications.
Respirations in the comatose condition are deep and slow,
sometimes not more than four or five per minute. The heart usually
beats strongly, often tumultuously, and the pulse varies greatly—
infrequent or frequent, strong or weak, full or small. With cerebritis
it is often abnormally slow.
 Hyperthermia is always present to a greater or less extent, being
often more marked in the more violent forms or those in which
meningitis appears to predominate than in the purely cerebral forms.
The temperature may vary from 101° to 106°.
The optic disc is congested.
Probably in all cases or nearly all there is a preliminary stage of
excitement, in which the eye is clear, the eyelids open, the aspect
alert and the whole skin affected by a marked hyperæsthesia. In
some cases the symptoms of excitement are much more violent at the
outset of the disease, as marked by trembling, nervous movements,
pawing, pushing the head against the wall while the motions of
walking or trotting are performed by the limbs, or those of plunging
forward, rearing up, drawing back on the halter, etc.
But even when the disease seems to have started with stupor and
coma, these paroxysms of excitement almost invariably appear at
intervals as it advances. Some, however, plunged in stupor or coma
at the first, remain in this condition until they end in paralysis or
death, or start in convalescence.
During one of the paroxysms the trembling animal may push his
head against the wall as if pulling a heavy load; at other times he will
plunge with his feet in the manger and recoiling, fall to the ground,
where he struggles violently in an apparent effort to rise; others rear
up, pulling on the halter or breaking it and falling back over; some
pull back on the halter and throw themselves down; some grind the
teeth, or seize the manger, or strike blindly with the fore limbs.
When seized out of doors the horse may be quite uncontrollable and
refuse to return to the stable even when led by two men with double
halters. In all such cases the eye has a fixed, glaring aspect which is
the more pronounced when the pupils are dilated, the conjunctiva is
deeply congested, of a deep, brownish red with a tinge of yellow. This
is usually greatly enhanced by the bruises and extravasations caused
by pushing or knocking the head against the wall. The same violence
may lead to serious bruises and injuries elsewhere, even fractures of
the orbital process or zigoma, of the ilium or ischium, of the poll or
the base of the brain; also of the incisor teeth.
These paroxysms may be so frequent that they seem to be subject
to remissions only, and not separated by complete intermissions.
During the paroxysms breathing and pulsations are both greatly
accelerated.
The gravity of the attack may be judged in part by the violence and
frequency of the paroxysms. Yet some cases, marked by profound
coma from the first, prove the most rapidly fatal, and the paroxysms
of excitement and violence are not incompatible with recovery.
Improvement may usually be recognized by the increased length of
the intervals between the paroxysms, and by the shortening and
moderation of the periods of excitement. After the paroxysms have
ceased the drowsiness or stupor gradually disappears, and the
hyperthermia subsides.
Even after recovery from the acute or violent symptoms there is
liable to remain some aberration or perversion of function, due to the
persistence of some encephalic or meningeal lesion. The general
hebetude known as immobility may bespeak dropsy of the ventricles,
pressure of a tumor or clot, or degeneration of ganglionic centres.
Diseases of the eyes (amaurosis, glaucoma, cataract), or of the ear
(deafness, disease of the internal or middle ear) are less frequent
results.
The supervention of general or facial paralysis or of hemiplegia
during the active progress of the malady, is an extremely unfavorable
symptom.
Duration. A fatal result may take place at any time by self inflicted
injuries (dashing the head against a wall, or falling backward and
striking the head on a solid body). Apart from this, death may come
within twenty-four or thirty-six hours. If the animal survives two to
seven days recovery is more probable. Hering records a case of
recovery after five weeks illness. Hot weather hastens a fatal result,
while cool, cloudy weather is favorable.
Prognosis. Under rational treatment about one-fourth recover.
One-half of the victims make a partial recovery but remain in a
condition of dementia or hebetude, blindness, deafness, local or
general paralysis which renders them more or less useless. Not more
than one-fifth or at most one-fourth of all cases recover. Even in
these there is left an increased predisposition to recurrence. It is
noted by Trasbot that the mortality is higher in highbred, nervous,
irritable animals, which show a tendency to greater frequency, force
and duration of the paroxysms of excitement. When decubitus is
constant, death may take place from septic poisoning starting from
bed sores, and gangrenous sloughing. In other cases there is fatal
starvation from inability to eat.
Lesions. In pachymeningitis due to mechanical injury there is
usually cutaneous and subcutaneous, blood extravasation, and there
may be fracture of the cranial bones. The dura mater is dark red,
hyperæmic, thickened, covered with exudation and small blood clots
mixed with pus cells, and has contracted strong adhesions to the
cranial bone. Bony spicula may project into the fibrous neoplasm.
Leptomeningitis usually coexists from extension of the
inflammation into the adjacent arachnoid and pia mater. There is
then a reddish serous effusion into the arachnoid and beneath it, and
the substance of both membranes is thickened by exudate, and
discolored by congestion and minute hæmorrhages. Whenever the
pia mater is thus inflamed, the superficial layer of the brain is
implicated, œdematous, soft and doughy. The extension is also made
into the ventricles and a serous effusion takes place often to two,
three or more times the normal amount (82 grammes Schütz). The
choroid plexus forms a yellowish gelatinoid mass, and the ganglia
(corpora striata, optic thalamus, etc.), are flattened.
In encephalitis the affected superficial gray matter of the ganglia
or convolutions, is deepened in color, usually in limited areas
corresponding to the disease of the meninges. Sometimes the color
becomes of a distinctly reddish tinge, and when cut into shows
unusually prominent red points where the capillaries have been cut.
Somewhat larger areas of blood staining indicate hæmorrhagic
extravasations. The nervous substance is more or less infiltrated with
liquid and softened. The nerve cells are swollen, and in process of
granular degeneration and the same is true of the myelin, while the
axis cylinder is uneven in its outline. Apart from the numerous
minute petechial hæmorrhages there is an abundant migration of
leucocytes which are found scattered in the degenerating and
softened nervous tissues.
The softening of the nervous tissue may result in a pulpy material,
which in the comparative absence of blood is grayish (gray
softening), if abundantly infiltrated with blood is red (red
softening), if older and discolored is yellow, as in an old
extravasation, (yellow softening), if thick and viscous is