Borden's Condensed Milk Co. v. Horlick's Malted Milk Co.
District Court, E.D. Wisconsin
In Equity. Suit by the Borden’s Condensed Milk Company against • the Horlibk’s Malted Milk Company and others. On final hearing. The bill charges unfair trade practices, and prays for an injunction. The complainant is a New Jersey corporation, for many years engaged in the manufacture of condensed, evaporated, and malted milks.
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In Equity. Suit by the Borden’s Condensed Milk Company against • the Horlibk’s Malted Milk Company and others. On final hearing. The bill charges unfair trade practices, and prays for an injunction. The complainant is a New Jersey corporation, for many years engaged in the manufacture of condensed, evaporated, and malted milks. Its business has become-large and profitable, being carried on through numerous factories, in various states, and its products, particularly malted milk, have been widely marketed and sold. Such malted milk is a combination, in concentrated, dry, pulverulent form, of…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). The case presents this situation: The parties have gone quite exhaustively into the history and method of manufacturing malted milk. It is conceded by each that the other manufactures and sells, rightfully, what is and may be designated as “malted milk.” The controversy tendered by the complainant’s bill and proofs is stated to be “whether the defendant, Horlick’s Malted Milk Company, could claim to be the producer of the original and only genuine malted milk.” This, it is further said, “forms the gravamen of complainant’s bill of complaint, and the basis…
2Cases cited2 opinions
- American Washboard Co. v. Saginaw Mfg. Co.Court of Appeals for the Sixth Circuit · 1900
- Borden Ice Cream Co. v. Borden's Condensed Milk Co.Court of Appeals for the Seventh Circuit · 1912
3Cited by5 opinions
- Chamberlain v. Columbia Pictures Corp.Court of Appeals for the Ninth Circuit · 1951
- Royal Baking Powder Co. v. Federal Trade CommissionCourt of Appeals for the Second Circuit · 1922
- Armstrong Cork Co. v. Ringwalt Linoleum WorksDistrict Court, D. New Jersey · 1916
- Marshall v. Proctor & Gamble Manufacturing Co.District Court, D. Maryland · 1959
- Terrell v. KaschCourt of Appeals of Texas · 1928