United Fruit Co. v. Standard Fruit and Steamship Co.

MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR INJUNCTION AGAINST ANOTHER SUIT

GARRITY, District Judge.

In this action plaintiff United Fruit Company (“United”), a New Jersey corporation, alleges unfair competition by defendant Standard Fruit and Steamship Company (“Standard”), a Delaware corporation, in the latter’s use of labels on its bananas which resemble labels used by plaintiff. Jurisdiction is based on 28 U.S.C. § 1331(a).

Plaintiff filed its complaint in the present action on September 19, 1967. Thereafter, on November 6, 1967, Standard brought an action in two counts against…