Castle

Action for the infringement of a trademark.

The plaintiffs, a mercantile house in San Francisco,under the name of Macondray & Co., have been for many years engaged in importing teas from Japan, which are put up for them in that country in pound' and half-pound packages, on each of which is affixed a label, the lines of which are printed in different colors, designating them as the importers, and containing also' a characteristic mark or brand, as follows:

the whole surrounded with a gold border. The defendants are also importers of teas into San Francisco from Japan, and have for many years imported teas put up in pound and half-pound packages, marked with labels containing an X-shaped character similar to that used by the plaintiffs, but with different initial letters in the angles thereof. The plaintiffs brought this action, alleging that the acts of the defendants are an infringement of their right to a trademark, and praying that they be enjoined from its further use. The court below held that the marks used by the defendants do not infringe upon any trademark of the plaintiffs, and are not a colorable or any imitation of any trademark of the plaintiffs, and rendered…