87 F. 209 | U.S. Circuit Court for the District of Southern New York | 1898
These are bills in equity brought by Walter Baker & Company, Limited, a corporation under the laws of the state of Massachusetts, and a citizen of that state, and located in Dorchester therein, against William P. Baker, of the city and state of Yew York, to restrain that use of trade names and trade designations upon his packages of unsweetened chocolate and his packages and cans of powdered cocoa, which decoys the purchaser into the belief that he is purchasing the article manufactured by the complainant, and which was devised for that fraudulent purpose. The questions in respect to the unfair use of the complainant’s name by persons who also bear the name of “Baker,” and who seek, by the use of their own name in a way which simulates the manner and form in which the complainant: and its predecessors have long used the name, to gain artificially the reputation which the complainant’s goods have acquired, have been before the courts of the United States in the Western district of Virginia, and in this circuit. Walter Baker & Co. v. Sanders, 26 C. C. A. 220, 80 Fed. 889.
The important facts in the cases now before this court: can be compactly stated: The complainant is the successor of James Baker in the manufacture of bitter chocolate, who is alleged in the complaint to have commenced such manufacture in Dorchester about the year 1780. It is proved that since 1815 and the death of Walter Baker, who, in his lifetime, was the owner of the* business, the manufacture has been carried on under substantially the name of the present corporation, and that the complainant is the owner of the good will of the business, and has the exclusive use of the stamps, brands, and
Let there be a decree for an injunction, with costs against the defendant and his agents and servants, in the following form: (1) From using in connection with the business of making or selling chocolate, on labels, wrappers, cans, boxes, cakes, molds, signs, letter heads, bill heads, or advertisements, or in any other manner whatsoever, the word “Baker,” “Baker’s,” or “Bakers,” alone, or the word “Baker,” “Baker’s,” or “Bakers” (whether the same be or be not coupled with other names or initials) in such a collocation with the word “Chocolate” (whether the same be or be not coupled with some further descriptive word or words) as to indicate that the chocolate so made or sold is a variety of “Baker’s Chocolate.” But defendant may indicate thereon, in appropriate language, that the chocolate is made or prepared for or sold by “William P. Baker, of Yew York.” (2) From using, as aforesaid, the initial “W.,” in combination with the name “Baker”; but the defendant may use his full name, “William Phillips Baker,” or “William P. Baker,” in conformity with this decree; and also for an accounting. The second clause of the form of injunction order is in addition to that contained in the Sanders Case, where the defendant was permitted to use his initials. There was testimony in the Virginia case in regard to the long use by the defendant of his initials, and the fact that he had become known by the initials of his Christian name, which does not exist in this case, and I do not perceive any good reason why a newcomer in the chocolate business, who desires to use his own name of “Baker,” should use it in the form which most closely resembles the well-known name of another manufacturer. Under the name of “William P. Baker,” the defendant can gain his own reputation, and enjoy the benefit of his own name.,
The bill in equity Yo. 6,439, by the same complainant against the same defendant, was to restrain unfair competition in the use of the complainant’s name and distinctive dress or insignia upon tin cans of powdered cocoa, which the complainant has styled
Let there be a decree for an injunction, with costs, against the defendant, his agents and servants, in the following form: (1) Prom using in connection with the business of making or selling cocoa, on labels, wrappers, cans, boxes, signs, letter heads, bill heads, or advertisements, or in any other manner whatsoever, the word “Baker,” “Baker’s,” or “Bakers” alone, or the word “Baker,” “Baker’s,” or “Bakers” (whether the same be or be not coupled with other names or initials) in such a collocation with the word “Cocoa” (whether the same be or be not coupled with some further descriptive word or words) as to indicate that the cocoa so made or sold is a variety of “Baker’s Cocoa.” But defendant may indicate thereon in appropriate language that the cocoa is made or prepared for or sold by “William P. Baker, of New York.” (2) Prom using as aforesaid the initial “W.” in combination with the name “Baker”; but defendant may use his full name, “William Phillips Baker,” or “William P. Baker,” in conformity with this decree. (3) Prom using on or in' connection with the sale of powdered cocoa the words “Baker’s Cocoa,” “W. P. Baker’s Cocoa,” 'William P. Baker’s Cocoa,” or any like description of his cocoa; and from using cans of the same shape as those of the complainant in com