Reply To: Mistaken statement in intro to Borden case

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#1101
Michael MadisonMichael Madison
Participant

Bob, I’ve always wondered about the statement in the opinion about “malted milk ice cream.” Did the court accurately describe what Borden had sold? From searching for images of Borden’s marks in its early days, I’ve found lots of examples of packaging for malted milk sold by Borden (under the Borden name, the Eagle name, and “Thompson,” I think), along with condensed milk and evaporated milk. But I’ve never come across anything packaged or advertised in the relevant era as “malted milk ice cream.” In addition, corporate histories of Borden generally recite the fact that Borden went into ice cream later, in the late 1920s, when it acquired The J.M. Horton Ice Cream Company and the Reid Ice Cream Corporation. Best, Mike