Pacific Coast Condensed Milk Co. v. Frye & Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Albertson, J., entered October 18, 1913, in favor of the plaintiff, in an action to enjoin the use of a trade label as unfair competition, tried to the court.
1Opinion of the CourtEllis, J.
-This is an action to enjoin, as unfair competition, the use of a label upon containers of condensed milk. The plaintiff and its predecessors have, for about, fifteen years, manufactured and marketed its “Carnation” brand of evaporated milk, using a label of sufficient length and width to practically cover the surface of the can, with equal horizontal bands of red and white, the red above and the white below. In the middle is a group of three carnation flowers, two red, resting on the white background, and one pink, resting on the red background; with the word “Carnation” in prominent cursive…
2Cases cited38 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Rathbone, Sard & Co. v. Champion Steed Range Co.Court of Appeals for the Sixth Circuit · 1911
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3Cited by12 opinions
- Campbell Soup Co. v. Armour & Co.Court of Appeals for the Third Circuit · 1949
- Tas-T-Nut Company v. Variety Nut & Date CompanyCourt of Appeals for the Sixth Circuit · 1957
- Diamond Drill Contracting Co. v. International Diamond Drill Contracting Co.Washington Supreme Court · 1919
- Olympia Brewing Co. v. Northwest Brewing Co.Washington Supreme Court · 1934
- Southern California Fish Co. v. White Star Canning Co.California Court of Appeal · 1920
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