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 line of bakery products until December 10, 1941 when a fire destroyed the bakery. Since that time, the plaintiff had not manufactured or sold bakery products, although she had participated in a food broadcast daily under the name "Mother Parker." Defendant, operator of a large bakery in New Bedford, Massachusetts, was licensed by the plaintiff to make exclusive use within the territory he then served of the trade mark "Mother Parker's" during the years from 1941 to 1943 inclusive. Under this license, defendant sold bread, including one brand named "Mother Parker's Enriched Home Made," and, under a similar license, defendant sold doughnuts during much of the same period. After both licenses expired in December, 1943, and the parties failed to agree on terms for their renewal, defendant continued to use the name "Mother Parker's" on his bakery products. Plaintiff brought suit to restrain the use of the trade mark and to recover damages, and appealed from the action of the trial court dismissing her bill. On appeal, held, affirmed. Plaintiff forfeited her right to relief in equity by licensing the defendant's use of the trade mark without assigning any part of her business, merchandise, good will, or formulae. Broeg v. Duchaine, (Mass. 1946) 67 N.E. (2d) 466.
Joseph N. Morency, Jr.,
TRADE MARKS--ASSIGNABILITY IN GROSS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol45/iss2/21