60 F. 103 | U.S. Circuit Court for the District of Northern California | 1894
This is an action for the infringement of a trade-mark. The plaintiff is the assignee of the Aleutian Islands Fishing & Mining Company, who has established a station for canning salmon and other fish on the island of Kodiak, Alaska. The bill alleges that said Aleutian Islands Fishing & Mining Company used only (he best quality of salmon, employed the best machinery, appliances, processes, and exercised great care, skill, and
The label used by complainant contains the following statement: “Packed at Karluk, Kodiak Island, Alaska, by the Aleutian Islands Fishing & Mining Company, San Francisco, California.”
The defendant contends, among other things, that this statement is false, and that complainant- therefore is not entitled to relief in equity. As I think this is true, it will not be necessary to consider the other points made by respondent. See Hazard v. Caswell, 93. N. Y. 268; Medicine Co. v. Wood, 108 U. S. 218, 2 Sup. Ct. 436; Symonds v. Jones, 82 Me. 302.
The allegations of the bill bring complainant within the admission; It alleges, as we have seen, not only that the best salmon, machinery, and processes are used, but care, skill, and expertness