H. P. Hood & Sons, Inc. v. Whiting Milk Co.

Hood seeks to enjoin Whiting from “unfairly competing with” it by using milk cartons “substantially identical in size and shape” and colored in a combination of red and white “closely similar . . . in . . . tone” to that used by Hood, which Hood alleges “had acquired a secondary significance designating . . . [Hood] as the source of origin of the . . . milk . . . sold in . . . [such] cartons.” On information and belief, Hood alleges that Whiting “deliberately discontinued its former blue, yellow, and white color scheme and adopted a red and white color scheme with intent that its newly…