Borden Ice Cream Co. v. Borden's Condensed Milk Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Christian C. Kohlsaat, Judge. _ _ Suit in equity by Borden’s Condensed Milk Company against the Borden Ice Cream Company, Charles F. Borden, George W. Brown, Edgar V. Stanley, William H. Powers, and Harry Lawler. From an order granting a preliminary injunction (194 Fed. 554), defendants appeal.
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Appeal from the District Court of the United States for the Eastern Division of the Northern District of Illinois; Christian C. Kohlsaat, Judge. _ _ Suit in equity by Borden’s Condensed Milk Company against the Borden Ice Cream Company, Charles F. Borden, George W. Brown, Edgar V. Stanley, William H. Powers, and Harry Lawler. From an order granting a preliminary injunction (194 Fed. 554), defendants appeal. This is an appeal from an interlocutory order of injunction entered in the District Court, restraining the appellants “from the use of the name ‘Borden’ in the manufacture or sale of ice…
1Opinion of the CourtCarpenter, District Judge
(after stating the- facts as above). [1] A personal name, such as “Borden,” is not susceptible of exclusive appropriation, and even its registration in the Patent Office cannot make it a valid trade-mark. Howe Scale Co. v. Wyckoff, 198 U. S. 134, 25 Sup. Ct. 609, 49 L. Ed. 972; Elgin Natl. Watch Co. v. Illinois Watch Case Co., 179 U. S. 665, 21 Sup. Ct. 270, 45 L. Ed. 365; Singer Mfg. Co. v. June Mfg. Co., 163 U. S. 169, 16 Sup. Ct. 1002, 41 L. Ed. 118; Brown Chemical Co. v. Meyer, 139 U. S. 540, 11 Sup. Ct. 625, 35 L. Ed. 247.
There is. no charge made in the bill that the appellants are…
2Cases cited6 opinions
- Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
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- Ward Baking Co. v. Potter-Wrightington, Inc.Court of Appeals for the First Circuit · 1924
- Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
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