Peggy Lawton Kitchens, Inc. v. Hogan

Peggy Lawton Kitchens, Inc. (Kitchens), manufactures and sells chocolate chip cookies. In November, 1981, Kitchens brought an action against the defendants in this case (Hogans) alleging that the Hogans had stolen a secret chocolate chip cookie recipe from Kitchens and were manufacturing and selling cookies using that formula. No damages were awarded as a result of that action, but the Hogans were permanently enjoined from “making, baking and selling chocolate chip cookies which use or utilize [Kitchens’] formula.”

The Hogans appealed, and the Appeals Court affirmed the judgment. 18 Mass. App.…