Walter Baker & Co. v. Slack

Citations

• 130 F. 514
• 65 C.C.A. 138
• 1904 U.S. App. LEXIS 4191

Syllabus

<p>1. Unfair Competition — Deception of Customers by Retail Dealer-Baker’s Cocoa.</p> <p>Complainant, Walter Baker & Co., Limited, and its predecessors in business, have since 1780 been engaged in the manufacture of cocoa and chocolate, which have become well known in the trade under the general name of “Baker’s Cocoa” and “Baker’s Chocolate.” In 1897 one W. H. Baker, who had then recently commenced the manufacture of similar products, which were sold in unfair competition with complainant’s, was enjoined from using the word “Baker” in connection with his products, except when accompanied with the statement in prominent letters, “W. H. Baker is distinct from the old chocolate manufactory of Walter Baker & Company,” and such requirement has since been observed. Defendant, a retail grocer, advertised to sell “Baker’s” cocoa and chocolate, and when customers called for either by that name they were given the W. II. Baker product. After suit brought, by his direction such customers were told: “We have two Bakers. Which do you want, W. H. or Walter Baker?” He testified that 9 out of 10 would not know the difference, and would ask for the best, in which case they were given the W. H. Baker product. Held, that there was a clear design to deceive customers, the profit being greater on the product sold, and that complainant was entitled to an injunction restraining defendant from advertising any product but complainant’s under the name of “Baker,” or furnishing it in response to requests for “Baker’s” goods, or in any manner using such name in connection with other goods without clearly designating by whom such goods were made.</p> <p>If 1. Unfair competition, see notes to Seheuer v. Muller, 20 O. C. A. 165; Lare v. Harper & Bros., 30 O. C. A. 376.</p> <p>2. Same — Damages.</p> <p>Where a defendant has deliberately engaged in unfair trade, complainant is entitled to recover damages and profits from the time the violation of his rights commenced.</p> <p>3. Same — Profits—Expe