Tillman & Bendel v. California Packing Corporation

SAWTELLE, Circuit Judge.

The appellant brought this suit to enjoin the appellee’s use of the trade-mark “Del Monte” on coffee, and for an accounting and general relief. The defendant-appellee, by answer and eross-claim, denied the plaintiff-appellant’s right to the trade-mark, alleged that its trade-mark rights had been infringed, and asked for an injunction perpetually restraining the appellant from using the trademark “Del Monte” on coffee. In a supplement to its answer and eross-eomplaint, the appellee asked for damages, which it asserted to be $1,000,000. Additional pleadings were filed by…