Bradford Baking Co. v. Weber Baking Co.

This is an appeal from a judgment for the defendant in an action brought to enjoin the defendant from using the words “German Toast” upon wrappers used on bread manufactured by the defendant. The action was based upon the ground that the words “German Toast” had been copyrighted by plaintiff, and upon the further ground that the use of these words by the defendant upon its wrappers was with the fraudulent intent to injure and divert the business of the plaintiff and to deceive and mislead previous purchasers and consumers of the plaintiff’s bread. At the time of the trial the parties stipulated that all the facts set forth in the complaint were true, except that defendant specifically denied that the name “German Toast” was susceptible of being appropriated as a trademark, and also specifically denied that the wrappers used hy the defendant are similar to those used hy the plaintiff, and also denied that said wrappers used by the defendant are such wrappers as would have a tendency to deceive the public or to cause the public to believe that the bread manufactured by defendant was the same bread sold by the plaintiff. No evidence was introduced other than the wrappers used by the…