CALIFORNIA FRUIT GROWERS EXCH. v. WINDSOR BEVERAGES

No. 7422.

118 F.2d 149 (1941)

CALIFORNIA FRUIT GROWERS EXCHANGE et al. v. WINDSOR BEVERAGES, Limited, et al.

Circuit Court of Appeals, Seventh Circuit.

February 28, 1941.


Attorney(s) appearing for the Case

Edw. S. Rogers, Wm. T. Woodson, and James H. Rogers, all of Chicago, Ill., for appellants.

Eugene H. Nirdlinger, of Chicago, Ill., for appellees.

Before MAJOR and KERNER, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Plaintiffs appeal from a judgment dismissing for want of equity their complaint seeking to restrain trade-mark infringement and unfair competition upon the part of defendants. The court found that defendants' products "are different from plaintiffs'"; that the latter have a right to use the trade-mark Sunkist "because of their particular class" and that the name has not acquired a secondary meaning...

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