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DEL MONTE SPECIAL FOOD CO. v. CALIFORNIA PACKING CORPORATION

No. 5784.

34 F.2d 774 (1929)

DEL MONTE SPECIAL FOOD CO. v. CALIFORNIA PACKING CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

September 16, 1929.

Attorney(s) appearing for the Case

Chas. E. Townsend and Wm. A. Loftus, both of San Francisco, Cal., for appellant.

Pillsbury, Madison & Sutro, of San Francisco, Cal. (Frank D. Madison and Marshall P. Madison, both of San Francisco, Cal., and Archibald Cox, of New York City, of counsel), for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

At the instance of the appellee, the appellant was enjoined by the decree of the District Court from using the word "Del Monte" in connection with the marketing of oleomargarine or other food products. Beginning 35 years ago, the appellee and its predecessors have organized and established a vast business in the production and sale of various food products, all labeled "Del Monte Brand." The words "Del Monte" in Old English type conspicuously...

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