Where To Buy Maola Ice Cream
Maola Milk & Ice Cream Company, Inc. was a dairy company located in New Bern, North Carolina, United States. During its operation, products were distributed throughout North Carolina as well as parts of South Carolina and Virginia including milk, ice cream, juices, custard and novelties. The company was purchased by Maryland & Virginia Milk Producers Cooperative Association, Inc., currently based in Herndon, Virginia, in 2003.[1] While the New Bern processing plant was closed in 2014, fluid milk is still actively processed and distributed to consumers under the brand of "Maola Local Dairies."
where to buy maola ice cream
Maola was founded in Washington, North Carolina and has made milk and ice cream since 1935. The company produces 100,000 gallons of milk per day[2] and sells 1.5 million gallons of ice cream annually.[3]
Maola Milk dairy products are proudly carried by numerous retailers, both large and small, to make sure our communities have great access to our 100% fresh, 100% local dairy products. Enter your zip code to see where Maola Milk products are available near you! And check back often as we are always adding more locations!
For prompt assistance with any kind of quality concern with one of our products it is best to contact us via emailus@maolamilk.com and provide us with as much information as possible about the product, including the code on the package, date and location where purchased, description of concern, and feel free to attach any photos you may have. You may also contact us via phone at 800-768-6243.
Homogenization has been used for many decades in milk bottling. It is the process of physically reducing the size of the fat globules through application of pressure to make them equally disperse in milk rather than separating as cream. Based on consumer preference, most of the milk sold in the U.S. is homogenized.
Since eggnog is, at its core, an emulsion of milk, cream, sugar, and eggs, eggnog is an indulgent, extra-rich drink that tastes like a boozy version of melted ice cream. Many eggnogs also include warming spices commonly used during the holidays, like cinnamon, nutmeg, and clove.
The plaintiff bases its action upon unfair competition. These facts are clearly stated in the complaint and amended complaint. 1. In 1935 F. E. Mayo & Co., Inc. owned an ice cream plant in Washington and another ice cream plant in New Bern: from both plants the company manufactured, distributed and sold ice cream under the trade name or trademark "Maola." 2. During the time the company owned both plants there existed between the two plants a welldefined division of territory. The territory served by the Washington plant consisting generally of that part of Eastern North Carolina north of Vanceboro, and that served by the New Bern plant the town of Vanceboro and southwardly. 3. In 1935 the company sold to H. L. Barnes and wife, the defendant's predecessors in title, the New Bern plant, and it was clearly understood, and the agreement of sale so provided, that the use of the trade name "Maola" was limited to the territory theretofore served by the New Bern plant. 4. From then until March 1953, with one or two rare exceptions along the border of the respective territories, the territorial division theretofore existing was observed by the defendant and its predecessor and the plaintiff and its predecessors. 5. In March 1953, the defendant purchased a dairy in Williamston, North Carolina, in territory theretofore continually and exclusively served by the plaintiff and its predecessors, and from said dairy began the distribution *914 and sale of ice cream products in cartons carrying an identical trademark "Maola", as those used by plaintiff. 6. That this has created untold confusion and uncertainty on the part of the buying public as to the identity of the manufacturer, is unfair competition, and unless the defendant is restrained from such acts in plaintiff's territory, plaintiff will suffer irreparable injury. 7. A predecessor in title of plaintiff in 1944 registered in the Secretary of State's office the trademark "Maola", and in 1947 the trademark was assigned to plaintiff, who is now the owner.
It is well-established law that F. E. Mayo & Co., Inc. had the legal right to sell and assign its New Bern plant with the business of that plant and the right to use the trade name or trademark "Maola" on ice cream there manufactured, distributed and sold, and Barnes and wife succeeded to all the rights of the transferor with respect to the use and enjoyment thereof, except as such use and enjoyment may have been restricted by a valid contract. Cowan v. Fairbrother, 118 N.C. 406, 24 S.E. 212, 32 L.R.A. 829; Morehead Sea Food Co. v. Way, 169 N.C. 679, 86 S.E. 603; Ely Lilly & Co. v. Saunders, 216 N.C. 163, 4 S.E.2d 528, 125 A.L.R. 1308; 52 Am.Jur. pp. 526 and 530; 38 C.J.S., Good Will, 7, page 954; 63 C.J. p. 518. The rights of the parties with respect to the use of trade names or trademarks involved in a transaction may be governed or restricted by contract between them. Morehead Sea Food Co. v. Way, supra; 52 Am.Jur. p. 530; 63 C.J. p. 518.
Goodwill exists as property merely as an incident to other property rights, and is not susceptible of being owned and disposed of separately from the property right to which it is incident. Goodwill may adhere to the reputation acquired by an established business, the right to use a particular name or trademark. 38 C.J.S., Good Will, 3, pages 951 and 952, where the cases are cited.
First. If the alleged agreement was a limitation upon Barnes and his wife, and their successors in title, to do business anywhere in the state of North Carolina, the agreement was not in writing signed by Barnes and his wife. P.L.N.C.1913, Ch. 41, sec. 4, now G.S. Ch. 75, 75-4, requires such an agreement to be in writing and signed by the party who agreed not to enter into any such business within such territory to be enforceable.
Second. It clearly appears from the alleged agreement that the division of territory was not merely for the purpose of conveying to Barnes and his wife, and their successors, the New Bern plant with the right to use the name "Maola" and to obtain all the patronage of that plant, but also for the purpose of shutting off competition by preventing Barnes and his wife and their successors from engaging in the ice cream business under the trade name "Maola" within all that part of Eastern North Carolina north of Vanceboro. There is no allegation that the plaintiff is serving ice cream products in all Eastern North Carolina or was in 1935. Such a division of territory was not necessary to afford fair protection to Mayo & Co., and interfered with the interests of the public as it prevented, if enforceable, Barnes and his wife, and their successors, from selling its products under the name "Maola" anywhere in North Carolina north of Vanceboro. Such an agreement would suppress and stifle competition, and is void. Culp v. Love, 127 N.C. 457, 37 S.E. 476; Shute v. Shute, 176 N.C. 462, 97 S.E. 392; 3 A.L.R. Annotation 250; Hill v. Davenport, 195 N.C. 271, 141 S.E. 752.
Under changed conditions and in the effort to make goodwill a valuable asset these tests have been abandoned, and the true test now is whether the restraint is such as to afford a fair protection to the interests of the party in whose favor it is given, and not so large as to interfere with *916 the interests of the public. Morehead Sea Food Co. v. Way, supra; Hill v. Davenport, supra; Comfort Spring Corp. v. Burroughs, 217 N.C. 658, 9 S.E.2d 473; Sonotone Corp. v. Baldwin, 227 N.C. 387, 42 S.E.2d 352. Contracts in partial restraint of trade are still contrary to public policy and void if nothing shows them to be reasonable. Kadis v. Britt, 224 N.C. 154, 29 S.E.2d 543, 152 A.L.R. 405. Tested by this standard the agreement that the defendant and its predecessor in title should not engage in the ice cream business under the name "Maola" in Eastern North Carolina north of Vanceboroand there is no allegation in plaintiff's pleadings that it is now or was in 1935 selling ice cream over all such territoryis greater than is required for the protection of the plaintiff, is detrimental to the public interest, and is unreasonable and void.
Construing the complaint and amended complaint liberally with a view to substantial justice between the parties, and making every intendment in favor of the pleader, G.S. 1-151; McKinney v. City of High Point, 237 N.C. 66, 74 S.E.2d 440, we are of opinion that the complaint and amended complaint fail to state a cause of action. "We have repeatedly held that, where a complaint states no cause of action, such a defect is not waived by answering. The defendant may demur ore tenus, and furthermore this court may take notice, ex mero motu, of the insufficiency of the complaint in this respect. If the cause of action, as stated by the plaintiff, is inherently bad, why permit him to proceed further in the case, for if he proves everything that he alleges, he must eventually fail in the action". Garrison v. Williams, 150 N.C. 674, 64 S.E. 783, 784; Watson v. Lee County, 224 N.C. 508, 31 S.E.2d 535; Aiken v. Sanderford, 236 N.C. 760, 73 S.E.2d 911, where the cases are cited. The statute which requires liberal construction in favor of the pleader neither requires nor permits the court to construe into a pleading that which it does not contain. Dillingham v. Kligerman, 235 N.C. 298, 69 S.E.2d 500.
Mildred established the original Cow Café in 1994 on the factory premises. Also bearing Holstein spots and cow language, the shop sold Maola ice cream and cow souvenirs and was a hit among the neighborhood kids, who would flock to it during summers and after school. 041b061a72