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PHILLIPS v. THE GOVERNOR & CO., ETC.

No. 7800.

79 F.2d 971 (1935)

PHILLIPS v. THE GOVERNOR & CO. OF ADVENTURERS OF ENGLAND TRADING INTO HUDSON'S BAY.

Circuit Court of Appeals, Ninth Circuit.

November 4, 1935.

Attorney(s) appearing for the Case

Fred Horowitz, of Los Angeles, Cal., P. N. McCloskey, of San Bernardino, Cal., and G. Gunzendorfer, of Reno, Nev., for appellant.

Chas. E. Townsend, of San Francisco, Cal. (H. H. Byrne, of Washington, D. C., and Thatcher & Woodburn, of Reno, Nev., of counsel), for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Plaintiff seeks, by this suit, a permanent injunction against defendant, restraining the latter from in any way advertising or conducting business under the name of "Hudson Bay Fur Company" or any colorable imitation thereof, or any similar name calculated to deceive the public and to create the impression that the defendant is in any manner identified or affiliated with plaintiff. Plaintiff also asked damages, but no evidence was introduced...

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