Walter Baker & Co. v. Baker
U.S. Circuit Court for the District of Western Virginia
This was a hill in equity to restrain alleged unfair competition in trade. This is a suit brought for the purpose of restraining unfair competition in trade. The original hill was filed by Henry L. Pierce, and a supplemental bill has been filed by said Pierce and Walter Baker & Co., Limited, citizens of the slate of Massachusetts, against W. H. Baker, a citizen of the state of Virginia, residing in I he Western district of Virginia.
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This was a hill in equity to restrain alleged unfair competition in trade. This is a suit brought for the purpose of restraining unfair competition in trade. The original hill was filed by Henry L. Pierce, and a supplemental bill has been filed by said Pierce and Walter Baker & Co., Limited, citizens of the slate of Massachusetts, against W. H. Baker, a citizen of the state of Virginia, residing in I he Western district of Virginia. The evidence establishes the following material facts: The complainant, Walter Baker & Co., Limited, 'is engaged in the business of manufacturing chocolate and…
1Opinion of the CourtPaul, District Judge
(after stating the facts). The first question presented by the foregoing statement of facts for the determination of the court is as to the power of a court of equity to enjoin a man from using his own name in connection with any business in which he wishes to engage. Very elaborate arguments have been made by counsel on this question, and numerous decisions of the state and federal courts cited. The result of these decisions is that a man has a right to use his own name in connection with any business he honestly desires to carry on. The doctrine is equally well settled that equity will…
2Cases cited6 opinions
- Russia Cement Co. v. LePageMassachusetts Supreme Judicial Court · 1888
- Pillsbury v. Pillsbury Washburn Flour Mills Co.Court of Appeals for the Seventh Circuit · 1894
- Celluloid Manuf'g Co. v. Cellonite Manuf'g Co.United States Circuit Court · 1887
- Meyer v. Dr. B. L. Bull Vegetable Medicine Co.Court of Appeals for the Seventh Circuit · 1893
- N. K. Fairbank Co. v. Central Lard Co.U.S. Circuit Court for the District of Southern New York · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.Court of Appeals for the Second Circuit · 1919
- Pillsbury-Washburn Flour Mills Co. v. EagleCourt of Appeals for the Seventh Circuit · 1898
- Walter Baker & Co. v. SandersCourt of Appeals for the Second Circuit · 1897
- Atlantic Monthly Company v. Frederick Ungar Publishing Co.District Court, S.D. New York · 1961
- Bissell Chilled Plow Works v. T. M. Bissell Plow Co.U.S. Circuit Court for the District of Western Michigan · 1902
11 more not listed; retrieve them via the Exa API.