Horlick's Malted Milk Corp. v. Horlick

KERNER, Circuit Judge.

Plaintiff, Horlick’s Malted Milk Corporation, appeals from a decree which found that defendant, Charles Horlick, had not infringed plaintiff’s registered trade-mark and which granted insufficient relief against defendant’s unfair competition.

Plaintiff’s advertising has made the name “Horlick’s” well and favorably known throughout the United States, and it is usually associated in the public mind with malted milk. In 1915 plaintiff first registered “Horlick’s,” the word appearing in outlined block letters printed in an arc, for “prepared milk products, food products…