Creamette Company v. Joseph Merlino, D/B/A Major Italian Foods Company

The appellant, plaintiff below, brought an action against the appellee claiming trade mark infringement and unfair competition on the part of the defendant who, like the plaintiff, was a manufacturer of macaroni products. Injunctive relief was sought. This relief was denied in part because of the trial court’s finding that because of the packaging of defendant’s products in certain bags of certain colors, there was a distinct dissimilarity between defendant’s product and that of the plaintiff which prevented the probability of confusion on the part of purchasers, and called for holding that…