Fleischmann v. Schuckmann

— This is an action brought by the plaintiff to restrain the¡ use of his trade-mark by the defendant. The plaintiff is a ^manufacturer in the city of blew York of an article known as “ Vienna bread,” and which he has for many years past sold with a label thereon containing these words: “ Fleischmann* Vienna Model Bakery, Broadway and Tenth street, blew Yi>rk. Patent applied for.” Since the plaintiff introduced his article, and after it had gone into general use, *93the defendant commenced to manufacture and has continued to sell bread in loaves of a form similar to those of plaintiff, with a…