Aeration Processes, Inc. v. Jacobsen

GOOD, J. pro tem. *

This is an appeal from a judgment enjoining the State Director of Agriculture and his subsidiary Bureau of Dairy Service, herein collectively referred to as the State, from enforcing various provisions of the Agricultural Code against a product manufactured by plaintiffs and sold under their trade name, being a dessert topping suitable for use on pies, cakes, sundaes et cetera. Respondents were plaintiffs below and, respectively, the owner of the trademark and licensee for its manufacture and sale in the San Francisco area. The product is sold to hotels, bakers,…