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Borden Ice Cream Co. v. Borden’s Condensed Milk Co. | 201 F. 510 (1912)
Condensed milk and evaporated milk were staples in the late nineteenth century, providing a safe source of milk before the advent of refrigeration. Borden Ice Cream Company versus Borden’s Condensed Milk Company features an inventor of these canned milk products attempting to defend its name against an upstart jumping into the twentieth-century ice cream market.
Gail Borden filed a patent for the processing of condensed milk in eighteen fifty-six. By the turn of the twentieth century, Borden’s Condensed Milk Company had a large national market for its processed milk products.
Then the Borden Ice Cream Company opened. It took its name from one of the shareholders, Charles Borden.
Before Borden brought its ice cream to market, Borden’s sued Borden for trademark infringement. The court found that Borden had infringed by using the Borden’s name on its ice cream. It granted an injunction ordering Borden to stop using the name. Borden appealed to the Seventh Circuit
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