California Fruit Growers Exchange v. Sunkist Baking Co.

166 F.2d 971 (1947)

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California Fruit Growers Exchange v. Sunkist Baking Co.

United States Court of Appeals for the Seventh Circuit
166 F.2d 971 (1947)

SH

Facts

California Fruit Growers Exchange (Exchange) (plaintiff) was a not-for-profit association that sold citrus fruits throughout the United States and in foreign countries under the registered trademark Sunkist. California Packing Corporation (Corporation) (plaintiff) was a corporation engaged in the selection, preparation, and sale of canned and dried fruits and vegetables throughout the United States and in foreign countries under the registered trademark Sun-Kist. Through written agreement, both Exchange and Corporation granted the other the right to use either trademark on their respective goods. Meanwhile, Sunkist Baking Co. (Sunkist Baking) (defendant) baked and sold different breads and buns in and around Rock Island, Illinois. Each baked good sold was enclosed in a wrapper bearing the name “Sunkist Baking Co.” and also the words “Sunkist Bread.” Exchange and Corporation brought suit against Sunkist Baking for trademark infringement and unfair competition. The district court granted an injunction in favor of Exchange and Corporation prohibiting Sunkist Baking’s use of the name Sunkist in connection with baked goods. Sunkist Baking appealed.

Rule of Law

Issue

Holding and Reasoning (Minton, J.)

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