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FAMILY RECORD PLAN, INC. v. MITCHELL

Docket No. 23650.

172 Cal.App.2d 235 (1959)

342 P.2d 10

FAMILY RECORD PLAN, INC. (a Corporation), Respondent, v. RAY M. MITCHELL et al., Appellants.

Court of Appeals of California, Second District, Division One.

July 22, 1959.

Attorney(s) appearing for the Case

Alvin H. Weissman and Richard R. Hoegh for Appellants.

Harold Easton, John P. McGinley, Loeb & Loeb and Herman F. Selvin for Respondent.

LILLIE, J.

The lower court granted to plaintiff a preliminary injunction prohibiting defendants from the continuance of certain acts claimed to constitute the infringement of a trade name (Bus. & Prof. Code, § 14400) and unfair competition (Civ. Code, § 3369). The parties are each engaged in the same business in this state and in the same general areas elsewhere, namely, selling photograph albums along...

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