N. K. Fairbanks Co. v. Ogden Packing & Provision Co.
District Court, D. Utah
In Equity. Suit by the N. K. Fairbanks Company against the Ogden Packing & Provision Company. Decree for plaintiff.
1Opinion of the Court
MARSHALL, District Judge.
[1] The plaintiff manufactures and sells a substitute for lard, which is principally composed of cotton seed oil and oleostearine, and is by it called “Cottolene.” It adopted the word “Cottolene” as a trade-name of the product, and duly registered it as its trade-mark under the act of Congress. It has expended large sums of money in introducing and advertising its lard substitute under this name, and its ownership thereof as a valid trade-mark is admitted by the defendant. The defendant also manufactures a lard substitute of substantially the same descriptive…
2Cases cited3 opinions
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887
- Little v. KellamU.S. Circuit Court for the District of Northern New York · 1900
- American Grocery Co. v. SloanU.S. Circuit Court for the District of Southern New York · 1895
3Cited by9 opinions
- Goebel Brewing Co. v. Esslingers, Inc.Supreme Court of Pennsylvania · 1953
- Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
- American Distilling Co. v. Bellows & Co.California Court of Appeal · 1951
- Stephano Bros. v. StamatopoulosCourt of Appeals for the Second Circuit · 1916
- Allen v. Walker & GibsonDistrict Court, N.D. New York · 1916
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