Southern California Fish Co. v. White Star Canning Co.

This is an appeal by defendant from a judgment enjoining it from offering for sale tuna packed in cans similar to those used by plaintiff and encircled with a-label such as that which is being used by defendant. The theory of plaintiff is that defendant is guilty of unfair competition in trade, in that its label is an imitation of plaintiff’s label, calculated to deceive the purchasing public. A comparison of specimens of the cans and labels used hy the parties, and submitted to our inspection, convinces us that there is no such similarity as will sustain a judgment against defendant.

Each party packs in cans and sells to the trade a product designated on the cans as “Tuna Fish.” Each puts up its product in cylindrical tin cans, approximately three and three-eighths inches in diameter and two inches in depth, each can being encircled by a paper wrapper, or label, embellished with various decorative designs, of different colors, imprinted upon a dark blue background. Plaintiff’s product is known to the trade as “Blue Sea Tuna,” and those words, in white bordered with gold, are printed in large type upon its label. Defendant’s product is known as “White Star Tuna Fish,” and those…