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HORLICK'S MALTED MILK CORPORATION v. HORLUCK'S

No. 6666.

59 F.2d 13 (1932)

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

Circuit Court of Appeals, Ninth Circuit.

May 23, 1932.

Attorney(s) appearing for the Case

Edward S. Rogers and William T. Woodson, both of Chicago, Ill., and Thomas M. Askren, of Seattle, Wash., for appellant and cross-appellee.

C. A. Reynolds, Harry Ballinger, Charles T. Hutson, and Geo. Boldt, all of Seattle, Wash., for appellee and cross-appellant.

Before WILBUR and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

Horlick's Malted Milk Corporation, a Delaware corporation, hereafter referred to as the plaintiff, and its predecessor, have for upwards of fifty years been in the business of manufacturing and selling malted milk in powdered form under the name "Horlick's Malted Milk." Plaintiff has spent in the last twenty years several millions of dollars in advertising its product, over 10 per cent. of which has been spent on the Pacific Coast. Defendant...

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