Mosesian

This is an appeal from a preliminary injunction restraining the appellants from infringing upon certain trademarks.

For the past fifteen years respondents have been engaged in the business of producing, packing, and marketing raisins, with their principal place of business at Fresno. The Sun-Maid Raisin Growers of California is a co-operative association composed of some sixteen thousand members. During the ten years prior to the alleged infringement this association handled a raisin business aggregating $155,000,000 in value, which included seventy-five per cent of the entire raisin grape industry of California, and in this period of time it expended some $10,000,000 for advertising purposes. Its raisin products were largely marketed in one-pound cartons displaying the trademarks, the infringement of which is here involved.

These trademarks consist of a label for raisin containers, on each side of which there appears, over a bright red background, a brilliant golden orb representing the sun, which occupies the upper portion of the carton. Across the face of the sun appears the features and bust of a laughing, curly-haired girl, wearing a red sunbonnet. In her hands the maiden…