Legal Opinion

Horlick's Malted Milk Corporation v. Horluck's

Court of Appeals for the Ninth Circuit

Decided May 23, 1932No. 6666PublishedCited by 24 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

Horlick’s Malted Milk Corporation, a Delaware corporation, hereafter referred to as the plaintiff, and its predecessor, have for upwards of fifty years been in the business of manufacturing and selling malted milk in powdered, form under the name “Horliek’s Malted Milk.” Plaintiff has spent in .the last twenty years several millions of dollars in advertising its product, over 10 per cent, of which has been spent on the Pacific Coast. Defendant, Horluek’s, Inc., admits in its answer that: “ * * * Plaintiff' has advertised its malted milk under the name, Horliek’s Malted…

2Cases cited20 opinions

  1. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  2. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  3. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  4. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  5. G. & C. Merriam Co. v. SaalfieldCourt of Appeals for the Sixth Circuit · 1912

15 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  2. Avery Dennison Corp. v. SumptonCourt of Appeals for the Ninth Circuit · 1999
  3. Stauffer v. ExleyCourt of Appeals for the Ninth Circuit · 1950
  4. Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945
  5. Philco Corporation v. Phillips Mfg. Co.Court of Appeals for the Seventh Circuit · 1943

19 more not listed; retrieve them via the Exa API.

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