Modesto Creamery v. Stanislaus Creamery Co.
California Supreme Court
The facts are stated in the opinion of the court. Jordan, Rowe & Brann, H. K. McKevitt, and L. J. Maddux, for Appellants.
1Opinion of the CourtSloss, J.
The defendants appeal from the judgment and from an order denying their motion for a new trial.
The action was brought to enjoin the defendants from selling butter marked with labels alleged to have been designed in imitation of plaintiff’s label, and to recover damages for profits diverted from plaintiff or made by sales by defendants of butter so labeled.
The findings, which are responsive to the issues made by the pleadings are, in effect, as follows: Plaintiff is a corporation which, since the year 1900, has been manufacturing butter at the city of Modesto, and selling such butter at…
2Cases cited5 opinions
- Dodge Stationery Co. v. DodgeCalifornia Supreme Court · 1904
- Regis v. H. A. Jaynes & Co.Massachusetts Supreme Judicial Court · 1906
- Graham v. PlateCalifornia Supreme Court · 1871
- Banzhaf v. ChaseCalifornia Supreme Court · 1907
- Saxlehner v. Eisner & Mendelson Co.Court of Appeals for the Second Circuit · 1905
3Cited by21 opinions
- Academy of Motion Picture Arts & Sciences v. BensonCalifornia Supreme Court · 1940
- Sunbeam Furniture Corp. v. Sunbeam Corp.Court of Appeals for the Ninth Circuit · 1951
- Lane Bryant, Inc. v. Maternity Lane, Ltd.Court of Appeals for the Ninth Circuit · 1949
- Wood v. PefferCalifornia Court of Appeal · 1942
- Ojala v. BohlinCalifornia Court of Appeal · 1960
16 more not listed; retrieve them via the Exa API.