John Vittucci Co. v. Merline

Citations

• 130 Wash. 483
• 228 P. 292
• 1924 Wash. LEXIS 674

Syllabus

<p>Trade-Marks and Trade-Names (1, 9) — Marks and Names Subject of Ownership — Similarity of Names — Evidence—Sufficiency. There is no such similarity of trade-names on olive oil labels as to warrant relief, where plaintiff’s was labeled “Vittucci Brand— Finest Italian Virgin Olive Oil” and defendant’s, “Angelo Brand— Pure Italian Olive Oil.”</p> <p>Same (1) — Marks and Names Subject of Ownership — Similarity of Colors. The similarity of colors on olive oil labels is not ground for restraining an infringement of a trade-name.</p> <p>Same (1, 2) — Marks and Names Subject of Ownership — Maps— Priority of Use. There can be no ownership in the right to use a map of the country from which the product came, especially where other importers had previously used the same map on similar labels.</p>