TILLMAN & BENDEL v. CALIFORNIA PACKING CORPORATION

No. 6676.

63 F.2d 498 (1933)

TILLMAN & BENDEL, Inc., v. CALIFORNIA PACKING CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

Supplemental Opinion March 7, 1933.


Attorney(s) appearing for the Case

Herman Phleger, Maurice E. Harrison, and William S. Graham, all of San Francisco, Cal., for appellant.

Pillsbury, Madison & Sutro, F. D. Madison, Marshall P. Madison, and L. B. Groezinger, all of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.


SAWTELLE, Circuit Judge.

The appellant brought this suit to enjoin the appellee's use of the trade-mark "Del Monte" on coffee, and for an accounting and general relief. The defendant-appellee, by answer and cross-claim, denied the plaintiff-appellant's right to the trade-mark, alleged that its trade-mark rights had been infringed, and asked for an injunction perpetually restraining the appellant from using the trademark "Del Monte" on coffee. In a supplement to its...

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