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STORK RESTAURANT v. SAHATI

No. 11657.

166 F.2d 348 (1948)

STORK RESTAURANT, Inc. v. SAHATI et al.

Circuit Court of Appeals, Ninth Circuit.

February 18, 1948.

Attorney(s) appearing for the Case

Malone & Sullivan, William M. Malone and Raymond L. Sullivan, all of San Francisco, Cal., for appellant.

Albert Picard, of San Francisco, Cal. (Alfred E. Graziani, of San Francisco, Cal., of counsel), for appellee.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The appellant seeks to enjoin the appellees from using its trade name, "The Stork Club", and its insigne, consisting of a stork standing on one leg and wearing a high hat and a monocle. The complaint likewise asked for damages in the sum of $5,000, but that prayer was waived.

The court below entered judgment denying injunctive relief. From that judgment the present appeal has been taken.

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