Albers Bros. Milling Co. v. Acme Mills Co.
U.S. Circuit Court for the District of Oregon
In Equity. On motion for preliminary injunction. Complainant seeks by this suit to enjoin the defendant from using the word “cream” to designate the defendant’s product of rolled oats, which it has put upon the market in competition with complainant’s trade in the same commodity.
Read the full summary
In Equity. On motion for preliminary injunction. Complainant seeks by this suit to enjoin the defendant from using the word “cream” to designate the defendant’s product of rolled oats, which it has put upon the market in competition with complainant’s trade in the same commodity. From the bill of complaint, it appears that the Albers & Schneider Company, a corporation, heretofore began the manufacture, in Portland, Or., of rolled oats from specially selected stock, to which product, or “brand,” as it is termed, the said company, in about November, 1897, applied the name “cream” as a…
1Opinion of the CourtWolverton, District Judge
(after stating- the facts as above). I, am impressed that the bill of complaint states a cause of suit for injunctive relief restraining the defendant from the use of the word “cream” as a trade-mark to designate its product in the market. The word as employed by complainant to designate its product, used. in connection with the corporate name of the concern, is appropriate for adoption as a trade-mark. It is not in any particular or peculiar sense descriptive of the article produced; nor would it seem that it was indicative of quality, grade, or class. In general use, the word is not…
2Cases cited1 opinion
- Price Baking-Powder Co. v. FyfeU.S. Circuit Court for the District of Minnesota · 1891
3Cited by3 opinions
- Chapin-Sacks Mfg. Co. v. Hendler Creamery Co.District Court, D. Maryland · 1916
- Application of Stephens-Adamson Mfg. Co.Court of Appeals for the D.C. Circuit · 1920
- International Food Co. v. Price Baking Powder Co.Court of Appeals for the D.C. Circuit · 1911