Krem-Ko Co. v. R. G. Miller & Sons, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
CHASE, Circuit Judge.
The plaintiff makes a chocolate syrup v hieh is mixed with milk to make a chocolate drink called Krim-Ko. It has distributors who are allotted certain territory within which they provide dealers with Krim-Ko to sell to the public. The drink when ready for sale' by the distributors is placed by them in a wide-mouthed transparent glass bottle which is the subject of United States Design Patent No. 79,925, granted to the plaintiff on No'vember 19, 1929, as the assignor of George P. Gallagher who was its president. All Krim-Ko has since been 'distributed in the bottle of this…
2Cases cited10 opinions
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Smith v. Whitman Saddle Co.Supreme Court of the United States · 1893
- Crescent Tool Co. v. Kilborn & Bishop Co.Court of Appeals for the Second Circuit · 1917
- A. C. Gilbert Co. v. ShemitzCourt of Appeals for the Second Circuit · 1930
- Strause Gas Iron Co. v. William M. Crane Co.Court of Appeals for the Second Circuit · 1916
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- Electric Auto-Lite Co. v. P. & D. MFG. CO.Court of Appeals for the Second Circuit · 1935
- Knickerbocker Plastic Co., Inc. v. Allied Molding Corp. Knickerbocker Plastic Co., Inc. v. B. Shackman & Co., IncCourt of Appeals for the Second Circuit · 1950
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