Legal Opinion
Cornell University v. Messing Bakeries, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 1955PublishedCited by 17 opinions
1Opinion of the CourtBergan, J.
Defendant is a baker. Using a formula for making bread evolved by Dr. Clive McCay, a professor at the New York State College of Agriculture, which is a part of Cornell University, defendant has extensively promoted it under the name of “ Cornell Recipe Bread ”. The product made by the formula is described as “ a highly nutritious kind of bread ”.
The recipe was released to the public in 1949 and its commercial utilization unrestricted. Cornell University, as plaintiff in this action for an injunction, objects, however, to the use of “ Cornell ” in the marketing of the bread unless under…
2Cases cited4 opinions
- Society of 1812 v. Society of 1812Appellate Division of the Supreme Court of the State of New York · 1900
- Benevolent & Protective Order v. Improved Benevolent & Protective Order of the WorldNew York Court of Appeals · 1912
- Salvation Army in the United States v. American Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1909
- Trustees of Columbia University v. AxenfeldNew York Supreme Court · 1930
3Cited by17 opinions
- ITC Ltd. v. Punchgini, Inc.New York Court of Appeals · 2007
- Electrolux Corp. v. Val-Worth, Inc.New York Court of Appeals · 1959
- University of Notre Dame Du Lac v. Twentieth Century-Fox Film Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Alderman v. Iditarod Properties, Inc.Alaska Supreme Court · 2001
- Societe Comptoir De L'industrie Cotonniere Etablissements Boussac v. Alexander's Department Stores, Inc.Court of Appeals for the Second Circuit · 1962
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