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INDUSTRIAL PHOTO SERVICE v. KELLY

Docket No. 25168.

198 Cal.App.2d 665 (1961)

17 Cal. Rptr. 907

INDUSTRIAL PHOTO SERVICE, Plaintiff and Respondent, v. HOWARD KELLY, Defendant and Appellant.

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

December 28, 1961.

Attorney(s) appearing for the Case

William R. Phillips for Defendant and Appellant.

Alfred Lubin for Plaintiff and Respondent.

SHINN, P.J.

This is an appeal by defendant from a judgment restraining his use of the phrase "Industrial Photo Services" to describe his photographic business. The court based its judgment on findings that plaintiff had been "heretofore" in the business of industrial photography under the name "Industrial Photo Service," and was well known by that name in industry; since September 1959, defendant had solicited industrial photography business under the name "Kelly...

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