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Intellectual Property Law

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University of Michigan Law School

Michigan Law Review

Journal

1946

Broeg v. Duchaine

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Trade Marks--Assignability In Gross, Joseph N. Morency, Jr. Dec 1946

Trade Marks--Assignability In Gross, Joseph N. Morency, Jr.

Michigan Law Review

After using the name "Mother Parker" in connection with a biscuit mix manufactured in Brooklyn, plaintiff, Heloise Parker Broeg, in 1934 opened a bakery in Boston under the name "Mother Parker's Cupboard." She operated this store and another in the same area until 1939, selling a line of bakery goods including bread, doughnuts, cakes, and cookies. In 1936 the trade mark "Mother Parker's" was registered in the United States Patent Office. Plaintiff and her husband opened an experimental laboratory and retail bakery in Peterboro, New Hampshire, in 1940 under the name "Mother Parker's Cupboard" in which they manufactured a complete …