Ward Baking Co. v. Oak Park Baking Co.

MORRIS, District Judge.

The motion herein for a preliminary injunction, directed mainly to the use by the defendant of the word “Ward” in connection with its bakery products, has been beard upon bill, answer, affidavits, and exhibits.

Among the defenses to this motion are those of laches, acquiescence, unclean hands, right of defendant to use the family name of Ward, and that its use has been so accompanied by other words and marks as to distinguish its products from those of complainant. The affidavits are in conflict on practically every cardinal point. Even the validity of the registration…