Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919)
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Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919)
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Brougham v. Blanton Manufacturing Company No. 247 Argued March 19, 1919 Decided April 21, 1919 249 U.S. 495
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
The Meat Inspection Law applies to oleomargarine. P. 498.
Registration of a tradename under the Trade Mark Law has no bearing on the right to use it under the Meat Inspection Law. P. 499.
Under the Meat Inspection Law, the power to determine whether a tradename is false or deceptive is lodged with the Secretary of Agriculture, and his determination, if not arbitrary, is conclusive. Houston v. St. Louis Independent Packing Co., ante,479. Id.
The power of the Secretary is a continuing one, approval of a name at one time not precluding its disapproval later. P. 501.
Held that the Secretary, having approved the name "Creamo" as a designation of an oleo product containing 30% cream, and which was strongly extolled on that ground, was amply justified in denying the use when the cream had been greatly reduced or omitted and replaced by skimmed milk, notwithstanding evidence that the manufacturer invested heavily upon the faith of the approval. Id.
243 F. 503 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919) in 249 U.S. 495 249 U.S. 496. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=IX4K2GAK7I3V9Z1.
MLA: U.S. Supreme Court. "Syllabus." Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919), in 249 U.S. 495, page 249 U.S. 496. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=IX4K2GAK7I3V9Z1.
Harvard: U.S. Supreme Court, 'Syllabus' in Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919). cited in 1919, 249 U.S. 495, pp.249 U.S. 496. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=IX4K2GAK7I3V9Z1.
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