Legal Opinion
Hml Corporation v. General Foods Corporation
Court of Appeals for the Third Circuit
Decided September 1, 1966No. 15483PublishedCited by 54 opinions
1Opinion of the Court
FREEDMAN, Circuit Judge.
In this suit for breach of a contract, plaintiff, HML Corporation (formerly Cream Wipt Foods, Inc.), appeals from a judgment of dismissal entered at the conclusion of its case by the district judge sitting without a jury.
The following facts are uncontested. Beginning in 1934 plaintiff had been manufacturing and distributing a salad dressing under the trademarked name “Cream Wipt”. In 1956 defendant began to distribute a dessert topping mix under the name “Dream Whip”, and applied for trademark protection. Plaintiff successfully opposed the application on the ground…
2Cases cited10 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Stop & Shop, Inc. v. GanemMassachusetts Supreme Judicial Court · 1964
- Edison Electric Illuminating Co. v. ThacherNew York Court of Appeals · 1920
- Dickey v. Philadelphia Minit-Man Corp.Supreme Court of Pennsylvania · 1954
- In Re United Cigar Stores Co. of AmericaCourt of Appeals for the Second Circuit · 1934
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3Cited by54 opinions
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Tri-State Generation & Transmission Ass'n v. Shoshone River Power, Inc.Court of Appeals for the Tenth Circuit · 1986
- Big Horn Coal Company v. Commonwealth Edison Company, Black Butte Coal Company v. Commonwealth Edison CompanyCourt of Appeals for the Tenth Circuit · 1988
- Northern Natural Gas Co. v. Conoco, Inc.Texas Supreme Court · 1999
- Emerson Radio Corp. v. Orion Sales, Inc. Otake Trading Co. Ltd. Technos Development Limited Shigemasa Otake John Richard BondCourt of Appeals for the Third Circuit · 2001
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