DON ALVARADO CO. v. PORGANAN

Docket No. 10303.

203 Cal.App.2d 377 (1962)

21 Cal. Rptr. 495

DON ALVARADO COMPANY, Plaintiff and Appellant, v. PAUL PORGANAN, Defendant and Respondent.

Court of Appeals of California, Third District.

May 8, 1962.


Attorney(s) appearing for the Case

William G. MacKay and Wilkie C. Courter for Plaintiff and Appellant.

Mazzera, Snyder & DeMartini and Robert A. Haughwourt for Defendant and Respondent.


PIERCE, J.

Plaintiff sues to enjoin defendant from an alleged trademark infringement and unfair competition. The trial court found neither. Plaintiff appeals from the judgment for defendant.

Since 1955 plaintiff has marketed carrots in polyethylene bags. Near the top of each bag is a 4-inch wide design of green leaves or stalks simulating carrot tops. Below that is 5 1/2 inches of "simulated mesh" or cross-hatched orange lines, approximately one-fourth inch...

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