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

Borden's Condensed Milk Co. (plaintiff), a New Jersey company known for milk products under the 'Borden's' mark, made a malted-milk ice cream sold only to hospitals, not consumers. Borden Ice Cream Co. (defendant), an Illinois ice-cream maker, was formed with a single share given to a man named Borden who had no experience in the business and was not a principal. The plaintiff sued to enjoin the defendant from selling ice cream under 'Borden's,' claiming unfair competition. The district court granted the injunction; the defendant appealed.

Whether a claim of unfair competition must be supported by a finding of actual competition through the sale of similar goods between the trademark holder and the alleged infringer.