H. Moffat Co. V. Koftinow

Plaintiff and respondent is a corporation. Defendants and appellants are the members of a partnership doing business under the firm name of "Manteca Veal Company." Neither the corporation nor the partnership maintains or has maintained a place of business in the town of Manteca. Respondent has been engaged in the wholesaling of meats for a great many years. Its principal place of business is and has been the city and county of San Francisco. Appellants are likewise engaged in the wholesaling of meats and their principal place of business is and since 1943 has been the city of Turlock. Formerly their predecessor in the use of the name had a place of business in French Camp, not far distant from the town of Manteca. Until approximately 1943 the defendants and their predecessors dealt exclusively in veal. Thereafter they also dealt in beef and began the prominent use of the word "Manteca" in connection with this product. Claiming that it owned by prior and constant use the property of a trade name in the word "Manteca" when used to designate and describe a certain special quality of meat products and that appellants were guilty of infringement thereof, the respondent brought action to restrain such infringement. Responsive to findings by the court favorable to respondent the court permanently enjoined appellants from in any manner using or employing the word "Manteca" in the designation, description, displaying, advertising, labeling selling and distributing of their meat products and from in any manner deceiving or misleading the public into believing that the appellants' meat products were those of respondent.