George G. Fox Co. v. Hathaway
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 25, 1907, by a corporation engaged in doing business as a wholesale baker against the members of a firm of wholesale bakers, to restrain the defendants from unfair competition with the business of the plaintiff by selling loaves of bread made in imitation of bread manufactured and sold by the plaintiff, as described in the opinion, praying for an injunction, the assessment of damages and further relief.
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Bill in equity, filed in the Superior Court on January 25, 1907, by a corporation engaged in doing business as a wholesale baker against the members of a firm of wholesale bakers, to restrain the defendants from unfair competition with the business of the plaintiff by selling loaves of bread made in imitation of bread manufactured and sold by the plaintiff, as described in the opinion, praying for an injunction, the assessment of damages and further relief. In the Superior Court the case was heard by Fox, J., who made the following memorandum of decision: “ The case at bar is quite unlike the…
1Opinion of the CourtKnowlton, C. J.
This is a suit founded on the alleged unfair competition of the defendants, through the sale of a certain kind of bread made in imitation of bread previously manufactured and sold by the plaintiff. The plaintiff’s bread is called Creamalt, and the loaves are of a size, shape, color and condition of surface that gives them a peculiar visual appearance which has come to be recognized by customers in connection with the name, as indicating the place of manufacture and the quality of the bread. There was evidence at the hearing that, by extensive advertising and by its method of conducting its…
2Cases cited2 opinions
- Flagg Manufacturing Co. v. HolwayMassachusetts Supreme Judicial Court · 1901
- George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
3Cited by11 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Shredded Wheat Co. v. Humphrey Cornell Co.Court of Appeals for the Second Circuit · 1918
- New Method Die & Cut-Out Co. v. Milton Bradley Co.Massachusetts Supreme Judicial Court · 1935
- Russo v. ThompsonMassachusetts Supreme Judicial Court · 1936
- Hi-Land Dairyman's Ass'n v. Cloverleaf DairyUtah Supreme Court · 1944
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