General Baking Co. v. Abbott Baking Corp. — 241 N.Y. 569

Majority

p. 569

General Baking Company, Appellant, v. Abbott Baking Corporation, Respondent.

Headnote

Trade marks — unfair competition — action to restrain infringement of trade mark and unfair competition.

General Baking Co. v. Abbott Baking Corp., 213 App. Div. 819 , affirmed.

(Argued October 26, 1925;

decided November 24, 1925.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on "trial at Special Term. The action was to

p. 570

restrain the defendant from infringing plaintiff’s trade mark and in engaging in unfair competition. Both were engaged in the manufacture and sale of bread in the city of New York and plaintiff contended that the wrappers used by defendant were so similar to those in use by the plaintiff as to constitute an infringement of its trade mark and unfair competition.

E. W. Leavenworth and E. P. Warfield for appellant.

Samuel Seabury, George Trosk and Alexander Slater for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.