Peggy Lawton Kitchens, Inc. v. Hogan

403 Mass. 732, 532 N.E.2d 54 (1989)

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Peggy Lawton Kitchens, Inc. v. Hogan

Massachusetts Supreme Judicial Court
403 Mass. 732, 532 N.E.2d 54 (1989)

AR

Facts

Peggy Lawton Kitchens, Inc. (plaintiff) accused Terrence Hogan (defendant) of stealing its chocolate chip cookie recipe. Kitchens received an injunction prohibiting Hogan from “making, baking and selling chocolate chip cookies which use or utilize Kitchens’s formula.” Hogan continued to make chocolate chip cookies but changed his recipe to add vanilla. This made Hogan’s cookies distinctive in flavor and texture from Kitchens’s cookies, although both cookies shared ingredients common to chocolate chip cookies. Kitchens asked the court to find Hogan in civil contempt for violating the injunction. Kitchens argued that Hogan had not produced an independent product but had instead derived his cookie formula from Kitchens’s formula. The Massachusetts Superior Court dismissed the contempt petition. Kitchens appealed.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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