Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

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

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


Facts

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

Issue

Holding and Reasoning (Carpenter, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 408,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial