Howell v. Blackfoot Creamery Co.

BAKEB, "District Judge.

Both plaintiffs and defendants claim, as against the other, the exclusive right to the use of the trade name or mark “Bannock Brand” in the distribution of butter and, by the aid of injunctive process, seek to prevent the use of that name by the other. The claim of the plaintiffs is that Lee Howell, who for more than seven years had been engaged in the creamery and butter manufacturing business at Blackfoot under the name of Blackfoot Creamery, had, during substantially all of that time, sold his surplus butter to the plaintiff, Swift & Company; that the company had…