Home/Seventh Circuit/Postum Cereal Co. v. American Health Food Co.

Postum Cereal Co. v. American Health Food Co.

119 F. 848, 56 C.C.A. 360, 1902 U.S. App. LEXIS 4730
Court of Appeals for the Seventh Circuit·Decided October 21, 1902·No. No. 873·Published·Cited by 11 cases

Opinion

JENKINS, Circuit Judge.

We have so often spoken to the subject of unfair trade, and the law upon that subject is so well established by the repeated decisions of the ultimate tribunal and of the various circuit courts of appeals, that reference to the decisions would be superfluous. The principle is settled that:

“One may not legally use means, whether marks or other indicia, or even his own name, with the purpose and to the end of selling his goods as the goods of another. If such means tend to attract to himself the trade that [851]*851would have flowed to the person previously accustomed to use .them, their use will be restrained by the law.” Pillsbury v. Flour Mills Co., 12 C. C. A. 432, 64 Fed. 841.

[852]*852

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Postum Cereal Co. v. American Health Food Co., 119 F. 848, 56 C.C.A. 360, 1902 U.S. App. LEXIS 4730 (7th Cir. 1902).

119 F. 848 (Postum Cereal Co. v. American Health Food Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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