Associated Dairies v. Fletcher

The opinion of the court was delivered by

Burch, C. J.:

The action was one to enjoin unauthorized use of trade-marked milk bottles. Plaintiff prevailed, and defendants appeal.

The milk industry in the city of Wichita is conducted by three groups: Those who pasteurize and distribute milk, an association of natural-milk producers and distributors, called the Wichita Natural Milk Producers Association, and a group which may be called independent producers and distributors.

Each member of the pasteurizing group registered a trade-mark blown in the bottle for his own use, and the natural milk…