Alfocorn Milling Co. v. Edgar-Morgan Co.

POLLOCK, District Judge.

This appeal challenges the right of appellee, as complainant below, to a decree restraining appellant, defendant below, from the manufacture and marketing of a domestic animal food product packed in -jute bags, bearing the label “Happy Mule Horse and Mule Feed,” with the picture of a mule underneath, together with the name “Alfocorn Company” quite prominently displayed thereon.

The parties will be designated, for convenience, as in the court below. The grounds of complaint are: (1) The infringement of a common-law trade-mark; (2) unfair competition in business.

The facts…