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HORLICK'S MALTED MILK CORPORATION v. HORLUCK'S, INC

No. 657.

51 F.2d 357 (1931)

HORLICK'S MALTED MILK CORPORATION v. HORLUCK'S, Inc.

District Court, W. D. Washington, N. D.

July 11, 1931.

Attorney(s) appearing for the Case

Edward S. Rogers, Allen M. Reed, and William T. Woodson, all of Chicago, Ill., and Palmer, Askren & Brethorst, of Seattle, Wash., for plaintiff.

C. A. Reynolds, Harry Ballinger, Charles T. Hutson, and George H. Boldt, all of Seattle, Wash., for defendant.

CUSHMAN, District Judge.

Upon the main case this court held:

"The defendant has a right to use the name of `Horluck' in its business and to advertise in conjunction its name and its business and if confusion on the part of a portion of the buying public results because of the similarity in the names `Horlick' and `Horluck' after all has been done that reason and equity require to avoid confusion, even though the unavoidable confusion works to defendant's advantage...

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