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ROSEN v. FURMBILT STORES

Nos. 1744, 1745.

103 F.2d 294 (1939)

ROSEN v. FURMBILT STORES, Inc. FURMBILT STORES, Inc., v. ROSEN.

Circuit Court of Appeals, Tenth Circuit.

April 5, 1939.

Attorney(s) appearing for the Case

Henry D. Moyle, of Salt Lake City, Utah, for appellant and cross-appellee.

Jesse R. S. Budge, of Salt Lake City, Utah, for appellee and cross-appellant.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

The parties will be herein referred to as they appeared in the trial court.

Morris Rosen, plaintiff, instituted this action to protect his right to use the trade name, "Furmbilt," in connection with his retail clothing business, praying that defendant be enjoined from using the trade name "Furmbilt" clothes in Salt Lake City, Utah.

From 1909 to August 10, 1932, Morris Furman and Ida Furman were engaged in the business of manufacturing...

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