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CORNELL UNIV. v. MESSING BAKERIES

285 A.D. 490 (1955)

Cornell University, Respondent, v. Messing Bakeries, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 9, 1955.

Attorney(s) appearing for the Case

George G. Coughlin, Edward S. Dermody and Charles E. Scribner for appellant.

Forbes D. Shaw, Harry G. Henn and J. William Robinson for respondent.

FOSTER, P. J., COON, IMRIE and ZELLER, JJ., concur.

BERGAN, J.

Defendant is a baker. Using a formula for making bread evolved by Dr. Clive McCay, a professor at the New York State College of Agriculture, which is a part of Cornell University, defendant has extensively promoted it under the name of "Cornell Recipe Bread". The product made by the formula is described as "a highly nutritious kind of bread".

The recipe was released to the public in 1949 and...

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