Modesto Creamery v. Stanislaus Creamery Co.

The defendants appeal from the judgment and from an order denying their motion for a new trial.

The action was brought to enjoin the defendants from selling butter marked with labels alleged to have been designed in imitation of plaintiff’s label, and to recover damages for profits diverted from plaintiff or made by sales by defendants of butter so labeled.

The findings, which are responsive to the issues made by the pleadings are, in effect, as follows: Plaintiff is a corporation which, since the year 1900, has been manufacturing butter at the city of Modesto, and selling such butter at Modesto and elsewhere in the state of California. In the conduct of its business it has adopted and used as a symbol and name a device (shown on a wrapper attached to the complaint and marked Exhibit A) consisting of the word “Modesto” in large script, with a scroll or flourish thereunder, the word “creamery” appearing in said scroll. The words “churned daily at Modesto, Cal.,” also appear upon the wrapper. Butter of plaintiff’s manufacture, so wrapped and marked, acquired a valuable reputation, and is known by purchasers and the public as “Modesto Creamery Butter” or “Modesto Butter,” the word…