This section contains the nature of the case and procedural background.

P makes and sells large quantities of evaporated or condensed milk to manufacturers of ice cream, and if D is permitted to use the name 'Borden' in the ice cream business P claims its dealers probably will believe that its ice cream is made by P. P does make limited amounts of ice cream but it is sold to hospitals only. D wants to make ice cream and adopted Borden because it gave a small part of the company ownership to a person who had the name Borden even though that person was not involved in the operation of the company. P filed an infringement action and alleged that D infringed its trademark by use of its trade name in a company that intended to manufacture a product that P did not manufacture. The court granted P an injunction and D appealed.

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