Legal Opinion
Horlick's Malted Milk Corp. v. Horlick
District Court, E.D. Wisconsin
Decided June 19, 1943No. Civil Action No. 549PublishedCited by 2 opinions
1Opinion of the Court
DUFFY, District Judge.
This action is brought under 15 U.S.C.A. § 81 et seq., for the alleged infringement of plaintiff’s trade-mark, as well as for unfair competition. This court’s opinion on defendants’ motion to dismiss appears in 40 F.Supp. 501. Prior to the trial of this cause, the action against defendant Richard Horlick was dismissed.
The plaintiff (a Delaware corporation with principal place of business at Racine, Wisconsin) and its predecessors have been manufacturers of food products since 1874, and for many years past have continuously *418used the name '‘Horlick’s” as a trade-mark.…
2Cases cited7 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- L. E. Waterman Co. v. Modern Pen Co.Supreme Court of the United States · 1914
- John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
- Quaker Oats Co. v. General Mills, Inc.Court of Appeals for the Seventh Circuit · 1943
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Horlick's Malted Milk Corp. v. HorlickCourt of Appeals for the Seventh Circuit · 1944
- Horlick's Malted Milk Corp. v. HorlickCourt of Appeals for the Seventh Circuit · 1944