Los Angeles Creamery Co. v. J. R. Newberry Co.

The complaint of plaintiff alleged that in 1907 plaintiff purchased from H. A. Bingham Company (a corporation), the exclusive right to the use of the trade name “Santa Ana” as applied to the manufacture of butter, being words so used by said Bingham corporation and its predecessors for many years; that plaintiff adopted said words as a name under which to sell its butter in this state; that said words are printed upon the labels under which said butter is marketed; that plaintiff manufactures a superior grade of butter and the same has become favorably known and a large remunerative trade has resulted in consequence; that defendant is advertising and selling an inferior grade of butter and marketing the same under the brand “Santa Ana” butter, which name it prints upon the labels and advertises the same, thereby inducing the public to believe the same is plaintiff’s butter. That the city of Santa Ana is not a center of butter manufacture, or noted for its superior grade of butter. That defendant has thus entered into and continues unfair competition with plaintiff. The prayer of the complaint is for an injunctional order preventing defendant from selling or offering for sale as…