Southern California Fish Co. v. White Star Canning Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County. Grant Jackson, Judge. Reversed. The facts are stated in the opinion of the court.
1Opinion of the CourtFinlayson, P. J.
This is an appeal by defendant from a judgment enjoining it from offering for sale tuna packed in cans similar to those used by plaintiff and encircled with a-label such as that which is being used by defendant. The theory of plaintiff is that defendant is guilty of unfair competition in trade, in that its label is an imitation of plaintiff’s label, calculated to deceive the purchasing public. A comparison of specimens of the cans and labels used hy the parties, and submitted to our inspection, convinces us that there is no such similarity as will sustain a judgment against defendant.
Each…
2Cases cited16 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Coats v. Merrick Thread Co.Supreme Court of the United States · 1893
- N. K. Fairbank Co. v. R. W. Bell Manuf'g Co.Court of Appeals for the Second Circuit · 1896
- Empire Steam Laundry v. LozierCalifornia Supreme Court · 1913
- Allen B. Wrisley Co. v. Iowa Soap Co.Court of Appeals for the Eighth Circuit · 1903
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- Sun-Maid Raisin Growers v. MosesianCalifornia Court of Appeal · 1927
- American Distilling Co. v. Bellows & Co.California Court of Appeal · 1951
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