Goldfarb

Plaintiff asks that a preliminary injunction issue to restrain defendants from using as a brand label on their product the words “Wonder Whip.” Plaintiff at about the first of the year 1933 adopted the name “Miracle Whip” for its manufactured salad preparation. It attained prominence in the market and mot with largo sales. These sales resulted from an extensive and costly advertising campaign, carried on by radio and'through newspapers and periodicals. In September of the same year the defendants put out their similar product under the name “Wonder Whip,” in direct competition with plaintiff’s snerchandise. Defendants had not before used the word “whip” in describing the material. They had used the word “wonder” before plaintiff originated its word combination name “Miracle Whip.” It would seem very clear that defendants sought to1 imitate the name adopted by plaintiff, and they' undoubtedly intended to reapi some of the benefit of the extensive advertising which plaintiff had caused to be made. Undoubtedly the use of the word “wonder” alone was open to defendants. But the combination of it with “whip” created a close imitation of plaintiff’s trade-mark, one that was likely to…