Joseph McKenna

“ It is the contention of the government that the use of the word 'Creamo' is deceptive and induces the belief that cream is a substantial ingredient of the oleomargarine. The company earnestly contends to the contrary and that, besides, the designation 'Creamo' has received the approval of the Department of Agriculture and has been sanctioned as an appropriate trade-mark by the Interior Department (Patent Office) . The latter contention may be immediately put to one side. ”

“ But against the decision of the department the company opposes the previous approval of 'Creamo' as a trade-name and alleges that upon the faith of the approval the company has used the same and by the expenditure of large sums of money-testified to be about $10,000 a year-has made its product public and popular under that name. The answer to the contention is that the meat inspection acts contemplate and confer a continuing inspection and power, a power necessarily not exhausted by one exercise. ”

“ Its product has been sold in packages of various sizes, marked with a trade label or stencil adopted for that purpose, which trade-mark is the word 'Creamo,' used since 1904. Its trade has become extensive and valuable, its product has acquired a high reputation and become a source of profit, increasing yearly, and an interruption in the use of its trade-mark and label would cause serious injury in a sum exceeding $5,000. ”