United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brougham v. Blanton Mfg. Co., 249 U.S. 495 (1919)

Brougham v. Blanton Manufacturing Company

No. 247

Argued March 19, 1919

Decided April 21, 1919

249 U.S. 495

Syllabus

The Meat Inspection Law applies to oleomargarine. P. 249 U. S. 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. 249 U. S. 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, 249 U. S. 479. Id.

The power of the Secretary is a continuing one, approval of a name at one time not precluding its disapproval later. P. 249 U. S. 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.5d 3 reversed.

The case is stated in the opinion.

Page 249 U. S. 496