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

United States Court of Appeals for the Seventh Circuit

201 F. 510 (7th Cir. 1912)

Claims of unfair competition may only be supported by a finding of actual competition through the sale of similar goods between the original trademark holder and the alleged infringer.

Relevant Facts

Borden’s Condensed Milk Co. (the plaintiff) was a company incorporated in New Jersey that was known for selling milk and milk products under the mark “Borden’s.” One of the plaintiff’s products was a malted-milk ice cream that it marketed to hospitals, but not to general consumers. Borden Ice Cream Co. (the defendant) was a company incorporated in Illinois as an ice cream manufacturer. An individual with the last name Borden, of whom had no prior experience in the ice cream or milk business, was granted one share in the defendant-corporation during its formation, but he was not a principal participant. The plaintiff sued to enjoin the defendant from marketing ice cream under the “Borden’s” mark, claiming unfair competition. The district court granted the injunction, and the defendant appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

201 F. 510 (7th Cir. 1912)