CALIFORNIA APPAREL CREATORS v. WIEDER OF CALIFORNIA

No. 210, Docket 20513.

162 F.2d 893 (1947)

CALIFORNIA APPAREL CREATORS et al. v. WIEDER OF CALIFORNIA, Inc., et al.

Circuit Court of Appeals, Second Circuit.

July 30, 1947.


Attorney(s) appearing for the Case

Max Feingold, of Los Angeles, Cal. (Ezra Grossman, of New York City, and Nathan L. Schoichet, of Los Angeles, Cal., on the brief), for plaintiffs-appellants.

Katz & Heimowitz, of New York City (Simon Katz, of New York City, of counsel), for defendant-appellee Wieder of California, Inc.

Leon Lauterstein, of New York City (Lauterstein, Spiller & Brown and Lincoln W. Lauterstein, all of New York City, on the brief), for defendant-appellee Cortley Shirt Company, Inc.

Fred N. Howser, Atty. Gen. of California, Hartwell H. Linney, Chief Asst. Atty. Gen., and W. R. Augustine, Deputy Atty. Gen. as amicus curiæ in support of the claims of plaintiffs-appellants.

Haight, Trippet & Syvertson and Lyle C. Newcomer, all of Los Angeles, Cal., for Los Angeles Chamber of Commerce, amicus curiæ, in support of the claims of plaintiffs-appellants.

Before L. HAND, SWAN, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

In this appeal we must decide whether or not a group of manufacturers and dealers in wearing apparel located in the State of California may prevent manufacturers and dealers in wearing apparel located in New York from using the names "California" or "Californian" in connection with their businesses. There are 76 plaintiffs, comprising an incorporated trade association and 75 of its members. The defendants are three corporations of New York City...

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