Legal Opinion

Del Monte Special Food Co. v. California Packing Corporation

Court of Appeals for the Ninth Circuit

Decided September 16, 1929No. 5784PublishedCited by 70 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

At the instance of the appellee, the appellant was enjoined by the decree of the District Court from using the word “Del Monte” in connection with the marketing of oleomargarine or other food products. Beginning 35 years ago, the appellee and its predecessors have organized and established a vast business in the production and sale of various food products, all labeled “Del Monte Brand.” The words “Del Monte” in Old English type conspicuously displayed upon a shield coupled with the word “Brand” constitute the most prominent characteristic of the goods produced by the…

2Cases cited20 opinions

  1. Packard v. BantonSupreme Court of the United States · 1924
  2. Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
  3. Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
  4. Aunt Jemima Mills Co. v. Rigney & Co.Court of Appeals for the Second Circuit · 1917
  5. Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907

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3Cited by70 opinions

  1. Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
  2. Ross-Whitney Corp. v. Smith Kline & French LaboratoriesCourt of Appeals for the Ninth Circuit · 1953
  3. Triangle Publications, Inc. v. RohrlichCourt of Appeals for the Second Circuit · 1948
  4. Standard Oil Co. of New Mexico, Inc. v. Standard Oil Co. of CaliforniaCourt of Appeals for the Tenth Circuit · 1932
  5. Brooks Bros. v. Brooks Clothing of California, Ltd.District Court, S.D. California · 1945

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