Denver Milk Bottle, Case & Can Exchange v. McKinzie

The Denver Milk Bottle, Case and Can Exchange was defeated in an attempt to have J. A. McKinzie restrained from using milk bottles that are owned, it is claimed, by members of the exchange.

According to the evidence, about 140,000 bottles of milk are sold in Denver each day. Each dairy uses bottles with its name blown in the glass. Some bottles were lost and some, perhaps, were stolen. Various efforts to remedy the evil were made by statute, ordinance and agreement. Section 3078, C. L., provides that persons engaged in bottling milk and cream for sale may adopt a mark of ownership to be…