Home/Sixth Circuit/Ohio Baking Co. v. National Biscuit Co.

Ohio Baking Co. v. National Biscuit Co.

127 F. 116, 14 Ohio F. Dec. 346, 1904 U.S. App. LEXIS 3790
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 21, 1904
DocketNo. 1,232
StatusPublished
Cited by14 cases

This text of 127 F. 116 (Ohio Baking Co. v. National Biscuit Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ohio Baking Co. v. National Biscuit Co., 127 F. 116, 14 Ohio F. Dec. 346, 1904 U.S. App. LEXIS 3790 (6th Cir. 1904).

Opinion

RICHARDS, Circuit Judge.

In March, 1900, the complainant below, the National Biscuit Company, was engaged in the manufacture and sale of bakery products, consisting of biscuits, crackers, etc. It owned and operated some 7s plants, located in the leading cities of the United States, the products of which were put .out in packages or cartons under different factory names, indicating their character and origin. For the purpose of identifying all these products, making them known to the public, and guarantying their authenticity, it adopted an arbitrary design or symbol known as the “In-er Seal” trade-mark for use on its cartons, and at a cost of hundreds of thousands of dollars advertised it throughout this country and the world as the mark by which its goods might be recognized. Except for the use of some green and orange labels, which were soon abandoned, the “In-er Seal” trade-mark was printed in white letters upon a vivid red label with clipped corners, and applied to the ends of the cartons. The trade-mark was registered, the application being filed May 12, 1900. In the latter part of August, 1900, the defendant below, the Ohio Baking Company, was engaged at Cleveland, Ohio, in making and selling bread and cakes. It had been so engaged for 17 years. At this time, having decided to enter upon the biscuit and cracker business, it employed one Miles, a former employé of the National Biscuit Company, and gave him charge as manager of the cracker department about to be established. Within three or four weeks afterwards it began to place its biscuits and crackers upon the market, packed in cartons of substantially the same size as those used by the .National. Biscuit Company, .and. in some, cases of the same [118]*118color, style of ornamentation, and general appearance, all having on the ends, printed in white letters upon red labels with clipped corners, a fanciful figure, known as the “Factory Seal” trade-mark, which the Ohio Baking Company, upon entering the cracker business, for the first time adopted and began to use. This trade-mark was registered, the application being filed October 9, 1900. For the purpose of comparison, the two trade-marks are shown in the following illustrations, the vivid red background being designated by the black background:

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Bluebook (online)
127 F. 116, 14 Ohio F. Dec. 346, 1904 U.S. App. LEXIS 3790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohio-baking-co-v-national-biscuit-co-ca6-1904.