Legal Opinion
Horlick's Malted Milk Co. v. Borden Co.
District Court, District of Columbia
Decided January 7, 1924No. 1581PublishedCited by 4 opinions
1Opinion of the Court
SMYTH, Chief Justice.
The Commissioner of Patents in 1887 registered for Horlick’s Food Company, predecessor of the appellant, the following trade-mark:
It is said in the statement filed by the company that the mark consists of a representation of the letters “M. M.” and the words “Malted Milk”; that these have generally been arranged as shown in the accompanying fac simile, in which the letters “M. M.” are represented in the color of the paper on a blue background having the form of a seal; that above the letters “M. M.,” and arranged in a curved form, are the words “Malted Milk” in plain…
2Cases cited2 opinions
- Estate of P. D. Beckwith, Inc. v. Commissioner of PatentsSupreme Court of the United States · 1920
- E. McIlhenny's Son v. B. F. TrappeyCourt of Appeals for the D.C. Circuit · 1922
3Cited by4 opinions
- Kampgrounds of America, Inc. v. North Delaware A-OK Campground, Inc.District Court, D. Delaware · 1976
- Dietene Co. v. Dietrim Co.District Court, D. Nebraska · 1954
- Anheuser-Busch Incorporated v. The Stroh Brewery CompanyCourt of Appeals for the Eighth Circuit · 1984
- Anheuser-Busch Incorporated v. The Stroh Brewery CompanyCourt of Appeals for the Eighth Circuit · 1984