APPLE GROWERS ASSOCIATION v. PELLETTI FRUIT COMPANY

Civ. No. 7322.

153 F.Supp. 948 (1957)

APPLE GROWERS ASSOCIATION, Plaintiff, v. PELLETTI FRUIT COMPANY, Inc., Defendant.

United States District Court N. D. California, N. D.

June 27, 1957.


Attorney(s) appearing for the Case

Kenneth S. Klarquist and Buckhorn, Cheatham & Blore, Portland, Or., John F. Downey and Downey, Brand, Seymour & Rohwer, Sacramento, Cal., for plaintiff.

William G. MacKay, San Francisco, Cal., Frank L. Barrett, and Geary, Spridgen & Moskowitz, Santa Rosa, Cal., for defendant.


BOLDT, District Judge.

Plaintiff Apple Growers Association, an Oregon corporation, seeks to restrain defendant Pelletti Fruit Company, Inc., a California corporation, from using a diamond symbol or the word "Diamond" as part of defendant's trademark or name in connection with the production, sale or shipment of fresh apples.

Jurisdiction of the court to try the issues of unfair competition and technical trademark infringement, raised by the pleadings, is based...

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