Detroit Creamery Co. v. Velvet Brand Ice Cream Co.
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by the Detroit Creamery Company against the Velvet Brand Ice Cream Company and others for an injunction, etc. From a decree for complainant, defendants appeal.
1Opinion of the CourtKuhn, J.
This is a suit to enjoin the use by the defendants of the trade-mark “Velvet Brand” in the manufacture and sale of ice cream. The name was originally adopted and used by the firm of A. Easter & Son, and complainant bases its .right to it on a transfer by bill of sale from that firm to the complainant, at the time of its organization in 1900, of all its stock in trade, good will, and everything pertaining to its business. From that until shortly before the commencement of this litigation, the complainant used the name continuously in the sale of ice cream, and by a large expenditure of money…
2Cases cited7 opinions
- Kidd v. JohnsonSupreme Court of the United States · 1880
- Williams v. FarrandMichigan Supreme Court · 1891
- Falk v. . American West Indies Trading Co.New York Court of Appeals · 1905
- Derringer v. PlateCalifornia Supreme Court · 1865
- Bulte v. Igleheart Bros.Court of Appeals for the Seventh Circuit · 1905
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3Cited by10 opinions
- Kellogg v. Kellogg Toasted Corn Flake Co.Michigan Supreme Court · 1920
- Woodward v. White Satin Mills CorporationCourt of Appeals for the Eighth Circuit · 1930
- Movie Mania Metro, Inc. v. GZ DVD's Inc.Michigan Court of Appeals · 2014
- Lindner Co. v. Myrod Shoe Co.Ohio Court of Appeals · 1930
- Jarvaise Academy of Beauty Culture v. St. Paul Institute of Cosmetology, Inc.Supreme Court of Minnesota · 1931
5 more not listed; retrieve them via the Exa API.