Legal Opinion

Walter Baker & Co. v. Puritan Pure Food Co.

U.S. Circuit Court for the District of Southern New York

Decided July 3, 1905No. 8,588PublishedCited by 8 opinions

In Equity. Suit for infringement of trade-marki

1Opinion of the Court

HAZEL, District Judge.

This action was brought to enjoin the defendant corporation from infringing complainant’s trade-mark or brand, which was registered on October 16, 1883, and for an accounting. The trade-mark consists of a representation of Liotard’s painting “La Belle Chocolatiere,” which is a full-length figure of a woman or girl, dressed as a waitress, wearing a cap and apron, and carrying a tray bearing cups of chocolate, and of the letters and words, “Walter Baker & Co’s. Chocolate, Broma and Cocoa Preparations, Dorchester, Mass.” The symbol or trade-mark was originally adopted by…

2Cases cited15 opinions

  1. McLean v. FlemingSupreme Court of the United States · 1878
  2. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  3. Menendez v. HoltSupreme Court of the United States · 1888
  4. United States v. SteffensSupreme Court of the United States · 1879
  5. Saxlehner v. Eisner & Mendelson Co.Supreme Court of the United States · 1900

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3Cited by8 opinions

  1. John Morrell & Co. v. DoyleCourt of Appeals for the Seventh Circuit · 1938
  2. Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
  3. Layton Pure Food Co. v. Church & Dwight Co.Court of Appeals for the Eighth Circuit · 1910
  4. Walter Baker & Co. v. DelapenhaU.S. Circuit Court for the District of New Jersey · 1908
  5. Omo Mfg. Co. v. Mystic Rubber. Co.District Court, D. Massachusetts · 1914

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