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CALIFORNIA FRUIT GROWERS EXCHANGE v. SUNKIST DRINKS

3 F.Supp. 496 (1933)

CALIFORNIA FRUIT GROWERS EXCHANGE v. SUNKIST DRINKS, Inc.

District Court, S. D. New York.

May 31, 1933.

Attorney(s) appearing for the Case

George E. Farrand and Leonard S. Lyon, both of Los Angeles, Cal., and George F. Scull and Edward S. Rogers, both of New York City, for plaintiff.

Ludwig M. Wilson, of New York City (Henry Van Arsdale, of New York City, of counsel), for defendant.

COLEMAN, District Judge.

In 1907 the plaintiff, the California Fruit Growers Exchange, adopted as a trade-mark the word "Sunkist" in the marketing of fresh citrus fruits throughout the country, and established rigorous standards of quality for all sold under that brand. The word has not only been featured in advertising, but has been printed prominently on containers, on wrappers, and even on the individual pieces of fruit. About $17,000,000 has been expended in advertising...

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