Tillamook County Creamery Association v. Tillamook Cheese and Dairy Association

The appellant, as plaintiff below, brought this action alleging that it had adopted as a trade-mark in April, 1918, the name “Tillamook” for cheese and other dairy products which it sold and marketed and thereby became the owner of said trade-mark. On November 7, 1950, plaintiff registered under United States Trade-Mark Registration No. 533,033, the name “Tillamook” for cheese and butter. The complaint alleged that this trade-mark came to be associated in the trade and in the mind of the purchasing public with dairy products, particularly cheese, originating with plaintiff ; that thereafter the appellee, defendant below, sold and marketed cheese under its name “Tillamook Cheese and Dairy Association” and the name “Premium Brand”; that the label and name used by defendant was capable of misleading and it has deceived and confused the buying public causing it to believe it is buying plaintiff’s product; that defendant was using the words “Tillamook Cheese” on its letterheads and has been marketing cheese under that name. This, it is alleged, constituted trade-mark infringement and unfair competition and has caused great harm to plaintiff and to its trade-mark. The complaint asked…