George G. Fox Co. v. Glynn
Massachusetts Supreme Judicial Court
Bill in equity, filed May 10, amended by a substituted bill filed by consent on June 20, 1905, to restrain the defendants William I. Glynn, a retail dealer, and William R. McKenzie and William R. Connor, copartners doing business under the name of the Sanderson Baking Company, of whom the defendant Glynn was a customer, from making, offering, exposing or selling any bread as and for “ Creamalt” bread; from making, exposing or selling any malt bread in a loaf of an oval shape…
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Bill in equity, filed May 10, amended by a substituted bill filed by consent on June 20, 1905, to restrain the defendants William I. Glynn, a retail dealer, and William R. McKenzie and William R. Connor, copartners doing business under the name of the Sanderson Baking Company, of whom the defendant Glynn was a customer, from making, offering, exposing or selling any bread as and for “ Creamalt” bread; from making, exposing or selling any malt bread in a loaf of an oval shape similar to the plaintiff’s loaf, unless such bread was made by the plaintiff; from using the name “ Crown Malt ” or any…
1Opinion of the CourtKnowlton, C. J.
The plaintiff corporation is a wholesale baker, and it brings this bill against a retail baker and a firm of wholesale bakers, alleging unfair competition in trade by the defendants against the plaintiff, and infringements of the plaintiff’s registered trademark. The bill avers that the plaintiff originated a new kind of bread, in which milk and malt were combined, and that, in order to identify it before the public, it adopted distinctive features of shape, size, proportion and condition of surface, resulting in a distinctive visual appearance. For this novel bread the plaintiff coined and…
2Cases cited14 opinions
- American Waltham Watch Co. v. United States Watch Co.Massachusetts Supreme Judicial Court · 1899
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Flagg Manufacturing Co. v. HolwayMassachusetts Supreme Judicial Court · 1901
- New England Awl & Needle Co. v. Marlborough Awl & Needle Co.Massachusetts Supreme Judicial Court · 1897
- Cohen v. NagleMassachusetts Supreme Judicial Court · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Fisher v. . Star Co.New York Court of Appeals · 1921
- Cheney Bros. v. Doris Silk CorporationCourt of Appeals for the Second Circuit · 1929
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Nelson v. J. H. Winchell & Co.Massachusetts Supreme Judicial Court · 1909
- Edmondson Village Theatre, Inc. v. EinbinderCourt of Appeals of Maryland · 1955
36 more not listed; retrieve them via the Exa API.