Legal Opinion

Castroville Co-Operative Creamery Co. v. Col

California Court of Appeal

Decided October 3, 1907No. Civ. No. 386PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. Hiram D. Tuttle, Judge rendering judgment. J. R. Welch, Judge denying motion for new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtKerrigan, J.

This is an action for the infringement o E a trademark. The appeal is from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial.

Among other things the court found that for more than six years respondent had been engaged in the manufacture and sale of a superior quality of butter at Castroville, California, sold in wrappers bearing a certain label. That respondent had built up a good trade for the butter sold in wrappers bearing this label, and that on February 1, 1904, it caused said label to be registered as a trademark, pursuant to section 3197 of…

2Cases cited5 opinions

  1. Manhattan Medicine Co. v. WoodSupreme Court of the United States · 1883
  2. Stockton Combine Harvester & Agricultural Works v. Glen's Falls Co.California Supreme Court · 1893
  3. Prince Manufacturing Co. v. Prince's Metallic Paint Co.New York Court of Appeals · 1892
  4. Bank of Cal. v. W. Union Tel. Co.California Supreme Court · 1877
  5. Joseph v. MacowskyCalifornia Supreme Court · 1892

3Cited by4 opinions

  1. Bowman v. BowmanCalifornia Court of Appeal · 1932
  2. Chohon v. Farmers & Merchants Bank of Long BeachCalifornia Court of Appeal · 1964
  3. Corkran, Hill & Co. v. A. H. Kuhleman Co.Baltimore City Circuit Court · 1920
  4. Pacific Telephone & Telegraph Co. v. Standard American Dredging Co.California Court of Appeal · 1918

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