Nestle's Milk Products, Inc. v. Baker Importing Co., Inc

Appellee has offered no evidence and the record points clearly to appellee’s adoption of its mark with the knowledgé of appel*197lant’s rights and with the studied purpose to profit by the good name and the earned good will built up by appellant at great expense over a period of years.

It has been conceded that appellant is the owner and for years prior user of two registrations of “Nescafe,” dated January 17, 1939, and July 2, 1940. Those registrations were for use on coffee, coffee extracts, decaffeinated coffee preparations, and the like. Appellee’s application for the registration of “Hycafe”…