SLEEPER LOUNGE COMPANY v. BELL MANUFACTURING CO.

No. 15495.

253 F.2d 720 (1958)

SLEEPER LOUNGE COMPANY, a copartnership consisting of Charles Kunzelman and James A. Anderson, Charles Kunzelman and James A. Anderson, Appellants, v. BELL MANUFACTURING COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 21, 1958.


Attorney(s) appearing for the Case

Lyon & Lyon, R. Douglas Lyon, Los Angeles, Cal., for appellants.

Elliott & Pastoriza, Santa Monica, Cal., Adelbert Schapp, San Francisco, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and CLARK, District Judge.


BARNES, Circuit Judge.

Appellee sued appellants below and recovered damages and attorneys' fees for infringement of and unfair competition with appellee's Registered Trade-Mark No. 377,752, dated May 11, 1940. Jurisdiction was in the lower court. 15 U.S. C.A. § 22. This Court has jurisdiction of the timely appeal. 28 U.S.C § 1291.

The trade-mark in question consists of the words "Wonder Chair," (with a disclaimer as to the word "Chair" apart from...

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