Nutro Products, Inc. v. Cole Grain Co.

In this trademark infringement action we conclude that substantial evidence supports the trial court’s issuance of a preliminary injunction. We affirm.

Factual and Procedural Background

Respondent is a manufacturer of high-quality pet food. For over 60 years it has marketed its products under the trademark “Nutro.” In 1985 it began marketing a new product under the mark “Nutro Max” which featured a chicken, rice, and lamb formula. Instead of selling its product in supermarkets, “Nutro Max” was only sold in pet stores, pet supply stores, and specialty shops.

In October or November 1989 appellants entered the quality pet market with a product which also featured chicken, rice and lamb. It also was exclusively distributed to pet stores, pet supply stores, and specialty shops. Respondents called its product “Nutrix.”

When respondent learned that “Nutrix” was being sold in certain markets outside California it notified appellants that “Nutrix” infringed its “Nutro” trademark. Later, in May 1990, respondent learned “Nutrix” was being distributed in southern California, respondent’s major market. The next month, on June 12, 1990, it filed the instant trademark infringement…