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Borden Ice Cream Co. v. Borden’s Condensed Milk Co.

United States Court of Appeals for the Seventh Circuit
201 F. 510 (1912)


Borden’s Condensed Milk Co. (Borden’s) (plaintiff) was a well-known company incorporated in New Jersey that sold milk and milk products under the trade name “Borden’s.” One of Borden’s products was a malted-milk ice cream that it marketed to hospitals, but not to general consumers. More than 50 years after Borden’s founding, the Borden Ice Cream Co. (defendant) was incorporated in Illinois as an ice cream manufacturer. An individual named Charles E. Borden, who had no prior experience in the ice cream or milk business, had been granted one share in the corporation during the formation of Borden Ice Cream, but he was not a principal participant. Borden’s sued Borden Ice Cream to enjoin the new company from marketing ice cream under the “Borden” mark. The district court granted the injunction, and Borden Ice Cream appealed.

Rule of Law


Holding and Reasoning (Carpenter, J.)

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