116 F. 620 | 9th Cir. | 1902
The appellant appeals from an order of the circuit court enjoining him, until the further order of the court, from selling beer under a certain label. The injunction was-granted upon the bill of the appellee and the affidavit of the appellant, in a suit brought to enjoin the infringement of the appellee’strade-mark, under which -for three years before the commencement of the suit it shipped and sold large quantities of beer in California-, and elsewhere. The bill shows that the appellee’s beer had been bottled in dark glass bottles, labeled with a peculiarly colored labels in blue and red, containing at the top the words, “The Seattle Brewing & Malting Co.’s,” in the center, at the right, the word “Rainier” above the word “Beer,” at the left a circle displaying a picture of Mt. Rainier, and at the bottom in small letters the words, “John Rapp & Son, Sole Agents for California,” together with some other-words in small type, giving the telephone address and street address of its agents. The label which is alleged to infringe that of the appellee has at the top the words, “Los Angeles Brewing Co.’s,”' at the center at the right the word “Rhinegold” above the word-“Beer,” at the left a circle displaying a view of a waterfall with the-rising sun beyond, and at the bottom the words, “Fred Kostering,. Sole Dealer for San Francisco,” and the telephone number.
We find it unnecessary to enter into any extended discussion of these two labels. While the words are different, the labels are in-general appearance almost identical. They are of exactly the same-size, are printed in the samé blue and red colors, and are surrounded with the same red border. The words “Rainier Beer” in the one- and “Rhinegold Beer” in the other are in fancy letters of exactly the same size and design, white with blue shading, and standing in-high relief on red scrolls. The scrolls are identical in shape, color,..
The decree is affirmed.