Banzhaf

The plaintiffs were engaged in the business of baking and selling bread in the city of San Francisco. Their bakery had become known as the “Old Homestead Bakery,” and they had been for a long time maldng and selling a certain kind of bread which they had designated as “Old Homestead” bread, which had become well known by that name and had acquired a reputation for its good quality, and by reason thereof it had an extensive sale in the city and county of San Francisco. The name “Old Homestead” was stamped upon each loaf of bread, the word “Old” being placed immediately over the word “Homestead.” Because of its reputation under the designation aforesaid, the plaintiffs had enjoyed a good trade in this bread, and it had been a source of great profit to them.

The defendant, with the intent to injure and destroy the business of the plaintiffs, and to deceive the public and the buyers and consumers of plaintiffs’ “Old Homestead” bread and to injure and defraud the plaintiffs, prepared and offered for sale an article of bread in loaves of a size similar to those of the plaintiffs, marked with the words “New Homestead,” stamped into the loaves, with letters and words of the same style…