Temple

This is an appeal by the plaintiff from an order dissolving a restraining order and denying plaintiff’s motion for a preliminary injunction. The application for the order was heard upon the complaint, and affidavits produced on both sides.

For about two years prior to defendant’s acts of which the plaintiff complains plaintiff was engaged in manufacturing and selling a certain kind of bread, to which he gave the name of “Faultless” bread. In June, 1913, he caused to be registered as belonging to him the trademark and trade name “Faultless” as applied to that product, and obtained a certificate thereof from the Secretary of State of the state of California. In selling his bread thereafter he was accustomed to have each loaf wrapped in a certain kind of paper upon which was printed:

These words and figures were printed in dark blue ink in a certain distinctive form. He advertised extensively his product under said trade name and built up a valuable business in the sale of the described bread. The plaintiff charged that thereafter the defendant, with intent to deceive and defraud the public and to injure and defraud the plaintiff, caused to be put up in similar packages a kind of…