AUDIO FIDELITY, INC. v. HIGH FIDELITY RECORDINGS, INC.

No. 16733.

283 F.2d 551 (1960)

AUDIO FIDELITY, INC., a corporation, Appellant, v. HIGH FIDELITY RECORDINGS, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 29, 1960.


Attorney(s) appearing for the Case

Harris, Kiech, Russell & Kern, Warren L. Kern, Charles E. Wills, Los Angeles, Cal., for appellant.

Wright, Wright, Goldwater & Wright, Loyd Wright, Richard M. Goldwater, Edgar R. Carver, Jr., Andrew J. Davis, Los Angeles, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and BOWEN, District Judge.


BARNES, Circuit Judge.

This is an appeal by plaintiff below in an action for unfair competition based on diversity of citizenship. 28 U.S.C. § 1332 (a) (1). The district court denied recovery. This court has jurisdiction on appeal. 28 U.S.C. § 1291.

This case raises no question as to patent, copyright or trademark. Appellant records and distributes phonograph records which are universally sold in record jackets or sleeves, usually made of cardboard...

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