Brougham v. Blanton Manufacturing Co.

Citations

• 249 U.S. 495
• 39 S. Ct. 363
• 63 L. Ed. 725
• 1919 U.S. LEXIS 2065

Syllabus

<p>The Meat Inspection Law applies to oleomargarine. P. 498.</p> <p>Registration of a trade-name under the Trade Mark Law has no bearing on the right to use it under the Meat Inspection Law. P. 499.</p> <p>Under the Meat Inspection Law the power to determine whether a trade-name 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.</p> <p>The power of the Secretary is a continuing one; approval of a name at one time not precluding its disapproval later. P. 501.</p> <p>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.</p>