General Baking Co. v. Abbott Baking Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1922

Appellate Division of the Supreme Court of the State of New York · decided 1922-03-15

The injunction was sought pendente lite in an action to permanently restrain and enjoin the defendant, its servants, agents and employees, from infringement of plaintiff’s trade marks and from unfair competition in the imitation of plaintiff’s label or bread wrapper and for an accounting and damages.

Decided 1922-03-15

Per Curiam:

¶1Without expressing an opinion on the merits, we think the plaintiff did not make out a case entitling it to a temporary injunction. The order is, therefore, affirmed, with ten dollars costs and disbursements. Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.; Dowling and Smith, JJ., dissent. Order affirmed, with ten dollars costs and disbursements.