Walter Baker & Co. v. Sanders
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the circuit court, Southern district of New York, rendered in a suit brought by the proprietors of the original “Baker’s Chocolate” to restrain unfair competition by defendants in the sale of a rival chocolate manufactured and put up in the city of New York in the name of W. H. Baker, of Winchester, Va.
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Appeal from the Circuit Court of the United States for the Southern District of New York. This is an appeal from a decree of the circuit court, Southern district of New York, rendered in a suit brought by the proprietors of the original “Baker’s Chocolate” to restrain unfair competition by defendants in the sale of a rival chocolate manufactured and put up in the city of New York in the name of W. H. Baker, of Winchester, Va. When the case was presented to the circuit court it appeared that another suit had been brought against W. H. Baker himself in the Western district of Virginia, wherein,…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). It is contended by respondent that both the circuit court and this court are concluded by the decree in the Virginia circuit, such decree being rendered in a suit between the same complainant and the principal or employer of defendant Sanders. The difficulty with this contention,' however, is that the Virginia decree is interlocutory only. The whole matter is still open there, and when the case comes up on final hearing that court may enlarge or contract the measure of interlocutory injunctive relief as the record then before it may warrant, without being…
2Cases cited5 opinions
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893
- Walter Baker & Co. v. BakerU.S. Circuit Court for the District of Western Virginia · 1896
- Landreth v. LandrethU.S. Circuit Court for the District of Eastern Wisconsin · 1884
- Duryea v. National Starch-Manuf'g Co.Court of Appeals for the Second Circuit · 1897
3Cited by32 opinions
- Shaver v. Heller & Merz Co.Court of Appeals for the Eighth Circuit · 1901
- Sartor v. SchadenSupreme Court of Iowa · 1904
- Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
- Andrew Jergens Co. v. Bonded Products CorporationCourt of Appeals for the Second Circuit · 1927
- Wright Restaurant Co. v. Seattle Restaurant Co.Washington Supreme Court · 1912
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