Legal Opinion

Walter Baker & Co. v. Gray

Court of Appeals for the Eighth Circuit

Decided November 24, 1911No. 3,046PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the District of Nebraska. Bill by Walter Baker & Co., Limited, against Sydney C. Gray and another, partners as the Gray Mercantile Company. Decree dismissing the bill, and complainant appeals.

1Opinion of the Court

ADAMS, Circuit Judge.

This was a bill to restrain unfair trade, which the learned trial court dismissed. Hence this appeal.

Complainant is a corporation organized and existing under the Jaws of the state of Massachusetts, and by divers successions and transfers claims the right, alleged to have originated as early as 1780 in one James Baker, to carry on the business of manufacturing and selling chocolate and cocoa under the trade or corporate name of “Walter Baker & Co.” and particularly claims the exclusive right to the use of the word “Baker” in connection with the sale of its chocolate and…

2Cases cited12 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Singer Manufacturing Co. v. June Manufacturing Co.Supreme Court of the United States · 1896
  3. Howe Scale Co. v. Wyckoff, Seamans & BenedictSupreme Court of the United States · 1905
  4. Columbia Mill Co. v. AlcornSupreme Court of the United States · 1893
  5. Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908

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3Cited by7 opinions

  1. Standard Paint Co. v. Rubberoid Roofing Co.Court of Appeals for the Seventh Circuit · 1915
  2. M. M. Newcomer Co. v. Newcomer's New StoreTennessee Supreme Court · 1919
  3. Richmond Remedies Co. v. Dr. Miles Medical Co.Court of Appeals for the Eighth Circuit · 1926
  4. Guth Chocolate Co. v. GuthDistrict Court, D. Maryland · 1914
  5. Mishawaka Rubber & Woolen Mfg. Co. v. Panther-Panco Rubber Co.District Court, D. Massachusetts · 1944

2 more not listed; retrieve them via the Exa API.

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