Chapin-Sacks Mfg. Co. v. Hendler Creamery Co.
Court of Appeals for the Fourth Circuit
Appeals from the District Court of the United States for the District of Maryland, at Baltimore; John C. Rose, Judge. Bill by the Chapin-Sacks Manufacturing Company against the Hendler Creamery Company and another. From the decree, which granted part of the relief sought (231 Fed. 550), both parties appeal.
1Opinion of the Court
WOOD'S, Circuit Judge.
In these appeals two mixed questions of law and fact are to be decided: Were the words, “The Velvet Kind,” applied to ice cream in 1905, so descriptive of quality that they could not be appropriated as a trade-mark by complainant, Chapin-Sacks Manufacturing Company?
Assuming that they were, did the use by the defendant Hendler, and his successor in business, Hendler Creamery Company, of the words, “The Velvet Kind,” and of containers and wagons similar to those used by complainant, nevertheless amount to unfair competition —the unfair appropriation of the good will of the…
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