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HORLICK'S MALTED MILK CORP. v. HORLICK

No. 8450.

143 F.2d 32 (1944)

HORLICK'S MALTED MILK CORPORATION v. HORLICK.

Circuit Court of Appeals, Seventh Circuit.

June 6, 1944.

Attorney(s) appearing for the Case

Edward S. Rogers, William T. Woodson, and James H. Rogers, all of Chicago, Ill., and Bert Vandervelde, of Milwaukee, Wis., for appellant.

Clarence J. Ruddy and Sam Alschuler, both of Aurora, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

Plaintiff, Horlick's Malted Milk Corporation, appeals from a decree which found that defendant, Charles Horlick, had not infringed plaintiff's registered trade-mark and which granted insufficient relief against defendant's unfair competition.

Plaintiff's advertising has made the name "Horlick's" well and favorably known throughout the United States, and it is usually associated in the public mind with malted milk. In 1915 plaintiff first...

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