California Packing Corp. v. Santa Ana Preserving Co.

SMYTH, Chief Justice.

The question here concerns the right of Santa Ana Preserving Company to have registered as a trade-mark, for use on jellied fruits, fruit jelly, fruit preserves, and canned fruit, the words “Del Sur,” inclosed within a border of somewhat irregular, but symmetrical, outline. Opposition was interposed by California Packing Corporation on the footing that it was the owner of' “Del Monte,” a mark applied by it to goods of the same character as those of the ap-a plicant, long before the latter had adopted its mark. The Examiner of Interferences found there was no similarity…