Legal Opinion

Houston v. Berde

Supreme Court of Minnesota

Decided January 9, 1942No. 32,931PublishedCited by 8 opinions

1Opinion of the Court

Stone, Justice.

Since June 18, 1938, defendant has operated in the loop district of St. Paul a retail food store advertised as “Berde’s Food Center.” Plaintiff, under the name of “Food Centre Stores,” opened his first outlet in Minneapolis March 18, 1938, his first in St. Paul, December 2, 1938. He continued expansion until, in August 1940, he had nine outlets in the Twin Cities.

Shortly after June 18, 1938, plaintiff, noting defendant’s use of the phrase “Food Center” and claiming to be rightfully entitled to its exclusive use, requested discontinuance. 2 Defendant did not comply. This action…

2Cases cited13 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Straus v. Notaseme Hosiery Co.Supreme Court of the United States · 1916
  4. Trappey v. McIlhenny Co.Court of Appeals for the Fifth Circuit · 1922
  5. Coca-Cola Co. v. Chero-Cola Co.District Court, District of Columbia · 1921

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3Cited by8 opinions

  1. The Vision Center, Cross v. Opticks, Inc., Will Ross, Inc. And G. D. Searle & Co., CrossCourt of Appeals for the Fifth Circuit · 1979
  2. Tradewell Stores, Inc. v. T. B. & M., Inc.Court of Appeals of Washington · 1972
  3. Howards Clothes, Inc. v. Howard Clothes Corp.Supreme Court of Minnesota · 1952
  4. Farm Service, Inc. v. United States Steel Corp.Idaho Supreme Court · 1966
  5. Winston & Newell Co. v. Piggly Wiggly Northwest, Inc.Supreme Court of Minnesota · 1946

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