National Biscuit Co. v. Baker
U.S. Circuit Court for the District of Southern New York
Motion for preliminary injunction against sellers of alleged infringing goods; the action being defended by the Ward-Mackey Company, of Pittsburg, Pa., makers of the same.
1Opinion of the Court
LAOOMBE, Circuit Judge.
This case is too plain to waste many words over it, — the principles of trade-mark infringement and of unfair competition have been so often discussed in tills circuit. That “Uneeda,” as applied to biscuit, is a proper trade-mark, and that complainant is entitled to its exclusive use in that connection, is hardly disputed. That it has been most extensively advertised, presumably at great expense, is matter of common knowledge, and is asserted in the moving papers. Defendants present the usual voluminous bundle of affidavits by persons in the trade to the effect that in…
2Cited by35 opinions
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
- Le Blume Import Co. v. CotyCourt of Appeals for the Second Circuit · 1923
- O. & W. Thum Co. v. DickinsonCourt of Appeals for the Sixth Circuit · 1917
- Barton v. Rex-Oil Co.Court of Appeals for the Third Circuit · 1924
- Valvoline Oil Co. v. Havoline Oil Co.District Court, S.D. New York · 1913
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