Legal Opinion
Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.
Court of Appeals for the Second Circuit
Decided February 24, 1958No. 37, Docket 24466PublishedCited by 35 opinions
1Opinion of the Court
MEDINA, Circuit Judge.
This is an appeal from the trial court’s dismissal of plaintiff Huber Baking Company’s complaint. Huber sought an injunction against defendant Stroehmann Brothers Company’s alleged trademark infringement and unfair competition, and against the licensing of certain trademarks by Quality Bakers of America Cooperative, Inc. for use in an area allegedly reserved for Huber’s exclusive use. . Huber also sought an accounting and damages.
The facts, none of which are in serious dispute, are as follows:
QBA, the successor of a similar association founded in 1924, is a non-profit…
2Cases cited49 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Auten v. AutenNew York Court of Appeals · 1954
44 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- American Foods, Inc. v. Golden Flake, Inc.Court of Appeals for the Fifth Circuit · 1963
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1968
- Johanna Farms, Inc. v. Citrus Bowl, Inc.District Court, E.D. New York · 1978
- Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
- Blue Bell, Inc. v. Jaymar-Ruby, Inc.Court of Appeals for the Second Circuit · 1974
30 more not listed; retrieve them via the Exa API.