PARKWAY BAKING COMPANY v. FREIHOFER BAKING COMPANY

Nos. 12405, 12406.

255 F.2d 641 (1958)

The PARKWAY BAKING COMPANY, Inc. (Plaintiff), National Bakers Services, Inc. (Plaintiff), v. FREIHOFER BAKING COMPANY (Inc.) (Defendant) William Freihofer Baking Company (Additional Defendant), National Bakers Services, Inc. (Additional Defendant), National Bakers Services, Inc., Appellant. The PARKWAY BAKING COMPANY, Inc. (Plaintiff), National Bakers Services, Inc. (Plaintiff), v. FREIHOFER BAKING COMPANY (Inc.) (Defendant), William Freihofer Baking Company (Additional Defendant), National Bakers Services, Inc. (Additional Defendant), The Parkway Baking Company, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided May 21, 1958.


Attorney(s) appearing for the Case

George B. Christensen, Chicago, Ill. (James L. Perkins, Chicago, Ill., Andrew R. Klein, Philadelphia, Pa., Winston, Strawn, Smith & Patterson, Chicago, Ill., Synnestvedt & Lechner, Philadelphia, Pa., on the brief), for National Bakers Services, Inc.

Henry N. Paul, Jr., Philadelphia, Pa. (Wallace D. Newcomb, James C. McConnon, Philadelphia, Pa., Paul & Paul, Philadelphia, Pa., on the brief), for The Parkway Baking Co.

Joseph Gray Jackson, Philadelphia, Pa. (Edward Lovett Jackson, Philadelphia, Pa., William Steell Jackson and Sons, Philadelphia, Pa., on the brief), for Freihofer Baking Co., Inc.

Before BIGGS, Chief Judge, KALODNER, Circuit Judge, and WRIGHT, District Judge.


BIGGS, Chief Judge.

The Parkway Baking Company [Parkway] holds an exclusive license from the National Bakers Service, Inc. [National], the owner of a secret formula for the baking of a low calorie bread and of the trademark "Hollywood", to bake and sell "Hollywood" bread in the greater Philadelphia area.1 The William Freihofer Baking Company [William Freihofer] is National's exclusive "Hollywood" licensee in an area north of the Parkway...

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