George G. Fox Co. v. Best Baking Co.
Massachusetts Supreme Judicial Court
Two bills IN equity, filed in the Superior Court on June 4, 1908, substantially alike excepting for the names of the parties defendant, seeking to restrain the defendants from offering, exposing or selling bread in a loaf having the general visual appearance of a loaf manufactured and sold by the plaintiff under the name “ Creamalt.” The cases were referred to Charles E. Shattuck, Esquire, as master.
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Two bills IN equity, filed in the Superior Court on June 4, 1908, substantially alike excepting for the names of the parties defendant, seeking to restrain the defendants from offering, exposing or selling bread in a loaf having the general visual appearance of a loaf manufactured and sold by the plaintiff under the name “ Creamalt.” The cases were referred to Charles E. Shattuck, Esquire, as master. Besides making the findings stated in the opinion, the master found, as the basis of his conclusion “ that the defendants’ loaves, without any bands or names upon or about them, were not so…
1Opinion of the CourtLoring, J.
These bills are brought by the plaintiff in George G. Fox Co. v. Glynn, 191 Mass. 344, and in George G. Fox Co. v. Hathaway, 199 Mass. 99. The master in the case at bar has found (1) that the defendants began to sell the loaves here complained of “ soon after the decree of the Superior Court of this County [referred to in these bills] dismissing the bill in the case of the George F. [sic] Fox Company v. Hathaway, was entered,” and (2) that “ The defendants’ loaves here in question are, except for slight differences in the labels, substantially the same in appearance as those in question in…
2Cases cited2 opinions
- George G. Fox Co. v. GlynnMassachusetts Supreme Judicial Court · 1906
- George G. Fox Co. v. HathawayMassachusetts Supreme Judicial Court · 1908
3Cited by8 opinions
- New Method Die & Cut-Out Co. v. Milton Bradley Co.Massachusetts Supreme Judicial Court · 1935
- Russo v. ThompsonMassachusetts Supreme Judicial Court · 1936
- Taxi & Yellow Taxi Operating Co v. MartinNew Jersey Court of Chancery · 1919
- Barett v. GoodwinMassachusetts Supreme Judicial Court · 1943
- F. W. Dodge Corp. v. ComstockNew York Supreme Court · 1931
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