Winston & Newell Co. v. Piggly Wiggly Northwest, Inc.

Peterson, Justice.

Plaintiff sues to enjoin defendant from using a coffee bag which it claims is a simulation of one long used by it. The complaint alleges that plaintiff is a wholesale grocer and that it roasts and packs coffee known as “Red Rooster” brand, which has acquired an enormously valuable reputation and good will, and that “the purchasing public has associated the style, dress, wording and coloring of plaintiff’s coffee bags with plaintiff and as its product.” Plaintiff was granted certificates of trademark registration by the state of Minnesota registering the words “Red Rooster”…