Shredded Wheat Co. v. Humphrey Cornell Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Shredded Wheat Company against the Humphrey Cornell Company and Frederick H. Towne. Decree for complainant, añd defendants appeal.
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Appeal from the District Court of the United States for the District of Connecticut. Suit in equity by the Shredded Wheat Company against the Humphrey Cornell Company and Frederick H. Towne. Decree for complainant, añd defendants appeal. Appeal by the defendants from a decree enjoining them from soiling any sln-odded wheat biscuit without distinctly marking upon each biscuit that it was made by the defendant and was not the product of the plaintiff, and from using any cartons having a picture of such biscuit without similar marking. Tiie jurisdiction of the District Court depended upon…
1Opinion of the CourtUearned Hand, District Judge
(after stating the facts as above). Originally the plaintiff was able to sell its biscuits because the public came to like them. They liked their taste; they liked their appearance; they were converted by their supposititious dietetic value. The art of advertising spuriously reinforced a genuine demand by the power of reiterated suggestion. So far, however, the public was *963buying because it wanted, or had been made to think it wanted, the biscuit which the plaintiff produced, and so far there was no ground for any kind of protection. We have recently considered this question in Crescent Tool…
2Cases cited21 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- Saalfield Pub. Co. v. G. & C. Merriam Co.Court of Appeals for the Sixth Circuit · 1917
- Coca Cola Co. v. Gay-Ola Co.Court of Appeals for the Sixth Circuit · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- California Apparel Creators v. Wieder of California, Inc.Court of Appeals for the Second Circuit · 1947
- United Healthcare Insurance Co. Aarp v. AdvancepcsCourt of Appeals for the Eighth Circuit · 2002
- Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
- John W. Bentley v. Sunset House Distributing Corp., Etc.Court of Appeals for the Ninth Circuit · 1966
29 more not listed; retrieve them via the Exa API.