Solar Baking Powder Co. v. Royal Baking Powder Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Royal Baking Powder Company, from an order of the Supreme Court, made at the New York Special Term and entered in. the office of the clerk of the county of New York on the 22d day of September, 1908, denying the said defendant’s motion to vacate an order for its examination, through its officers, before trial.
1Opinion of the Court
Laughlin, J.:
Plaintiff and the corporate ■ defendants are competitors in the business of manufacturing and selling baking powder. The plaintiff, claiming the exclusive right to use the word “ Solar ” as an unregistered trade mark and as a trade name in advertising and selling its baking powder, brings this action to enjoin the defendants from using it, and also bases its demand for injunctive relief on the ground of unfair competition in trade, it being alleged that the defendants have unlawfully agreed to ruin plaintiff’s business, and are now engaged in carrying out their conspiracy, the…
2Cases cited1 opinion
- Marjori v. WaddingtonAppellate Terms of the Supreme Court of New York · 1907
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