California Packing Corp. v. Sun-Maid Raisin Growers of California

MeCORMICK, District Judge.

This is a suit in equity for an injunction to enforce trade-mark rights in certain food products. The litigants are competitors engaged in marketing the same lines of merchandise. Plaintiff is a New York corpora-' tion and defendant is a California eo-opera-tive association of raisin growers in the San Joaquin Valley of California. Diversity of citizenship thus appears and the amount in controversy exceeds the necessary jurisdictional sum.

The action unlike most suits to enjoin infringements of trade-marks is not founded upon fraud. The plaintiff cannot in the light…