Legal Opinion
Brooten v. Oregon Kelp Ore Products Co.
Court of Appeals for the Ninth Circuit
Decided February 27, 1928No. 5248PublishedCited by 4 opinions
1Opinion of the Court
DIETRICH, Circuit Judge.
This is a suit to enjoin infringement of a trade-mark. Sustaining a motion to the amended bill, supplemented by answers to interrogatories propounded by defendant, the court below entered a decree of dismissal, from which plaintiff appeals. Admittedly defendant infringes if plaintiff has a valid trade-mark in the words “Kelp Ore,” and hence consideration is limited to the one question.
About 1898 plaintiff discovered upon land belonging to him in Tillamook county, Oregon, a deposit containing salts and other minerals. Conceiving it to be of medicinal value, he put it on…
2Cases cited3 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Worden v. California Fig Syrup Co.Supreme Court of the United States · 1903
- Hostetter v. FriesU.S. Circuit Court for the District of Southern New York · 1883
3Cited by4 opinions
- Gold Dust Corporation v. HoffenbergCourt of Appeals for the Second Circuit · 1937
- Miles Laboratories, Inc. v. FrolichDistrict Court, S.D. California · 1961
- Skinner Mfg. Co. v. General Foods Sales Co.District Court, D. Nebraska · 1943
- Larson v. Harman-Management CorporationDistrict Court, E.D. California · 2019