Sun-Maid Raisin Growers of California, a Corporation v. California Packing Corporation, a Corporation

Sun-Maid seeks relief from an injunction issued by the District Court on June 15, 1936, enjoining it from using the trademark “Sun-Maid” otherwise than upon packages containing raisins or raisin products. It has taken this appeal from an order of the District Court denying its motion to dissolve the injunction. The motion was opposed by appellee. Appellant contends that appellee has parted with all interest in the subject matter of the suit; that it had no standing to oppose the motion to dissolve; that under these circumstances denial of the motion was error.

On June 15, 1915, the predecessor of appellee instituted an action in the United States District Court for the Southern District of New York against the predecessor of appellant, complaining that the mark “Sun-Maid” was an infringement of its mark “Sun-Kist.” The action was settled by an agreement by which the predecessor of appellant covenanted to limit the use of the mark “Sun-Maid” to raisins and raisin products.

In 1929, appellee instituted an action in the District Court below, claiming that appellant had violated the agreement by which the former suit had been settled. This action culminated in the injunction now…