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AMERICAN AUTOMOBILE INS. CO. v. AMERICAN AUTO CLUB

No. 12484.

184 F.2d 407 (1950)

AMERICAN AUTOMOBILE INS. CO. et al. v. AMERICAN AUTO CLUB.

United States Court of Appeals Ninth Circuit.

September 28, 1950.

Attorney(s) appearing for the Case

Parker, Stanbury & Reese, Harry D. Parker, Richard E. Reese and Raymond G. Stanbury, all of Los Angeles, Cal., for appellants.

Browson, Bronson & McKinnon and Edgar H. Rowe, all of San Francisco, Cal., for appellee.

Before STEPHENS, Circuit Judge, and BOWEN and LEMMON, District Judges.

LEMMON, District Judge.

This case presents the recurrent problem of exclusive right in a generic name or combination of generic names under claim of secondary meaning. The appeal is from a judgment declining an injunction to appellants, plaintiffs below, prohibiting appellee, defendant below, from the use of the words "American Auto" and "The American Auto Club" in connection with appellee's business, and in particular with that business as it relates to the sale...

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