Horlick's Hood Co. v. Elgin Milkine Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern District of Illinois.
1Opinion of the Court
GROSSCUP, Circuit Judge.
This is a suit brought by appellant, a citizen of the State of Wisconsin, against appellees, citizens of the State of Illinois, to restrain fraudulent competition charged to be perpetrated in the use, by appellees, of the words “Malted milk” in the preparation and sale of their products.
The case is not free from contradictory testimony; but in the view we have taken, that portion which is material, may be assumed as substantially stated by appellant.
In 1887, the appellant began the manufacture at Racine, Wisconsin, of a dry granulated or powdered extract of malt, flour…
2Cases cited1 opinion
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
3Cited by7 opinions
- Bayer Co. v. United Drug Co.District Court, S.D. New York · 1921
- DuPont Cellophane Co. v. Waxed Products Co.Court of Appeals for the Second Circuit · 1936
- Dresser Industries, Inc., a Corporation v. Heraeus Engelhard Vacuum, Inc., a CorporationCourt of Appeals for the Third Circuit · 1968
- Allen v. Walker & GibsonDistrict Court, N.D. New York · 1916
- Rice-Stix Dry Goods Co. v. J. A. Scriven Co.Court of Appeals for the Eighth Circuit · 1908
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