Col

This is an action for the infringement o E a trademark. The appeal is from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial.

Among other things the court found that for more than six years respondent had been engaged in the manufacture and sale of a superior quality of butter at Castroville, California, sold in wrappers bearing a certain label. That respondent had built up a good trade for the butter sold in wrappers bearing this label, and that on February 1, 1904, it caused said label to be registered as a trademark, pursuant to section 3197 of the Political Code. That at all the times mentioned in the complaint the appellant was engaged in selling in the city of San Jose butter of a quality inferior to that of respondent, and that appellant, with the fraudulent intent to mislead the public into purchasing his butter as the butter of respondent, grossly imitated the latter’s trademark.

The court further found: “That an officer of plaintiff, to wit, the ‘Manager’ thereof, prior to the said registration of its trademark with the Secretary of State of California, permitted the use of its butter wrappers on butter other than its own by…