W.E. Long Co. v. Holsum Baking Co.

Tom Glaze, Justice.

This case involves a dispute between W. E. Long Co. (Long) and Holsum Baking Co. (Holsum Baking) over the use of the “Holsum” trademark in the marketing of bakery products. The major events leading to the dispute are relevant to a discussion of the issues raised on appeal.

Long first registered the “Holsum” mark on such products in Arkansas in 1929. Long licensed Shipley Baking Co. (Shipley), permitting it to use the “Holsum” mark. Years later, in 1944, Long entered into an agreement granting Holsum Baking a bread formula and the right to use the “Holsum” tradename for…