MacSWEENEY ENTERPRISES, INC. v. TARANTINO

Docket No. 10919.

235 Cal.App.2d 549 (1965)

45 Cal. Rptr. 546

MacSWEENEY ENTERPRISES, INC., Plaintiff and Appellant, v. JOSEPH P. TARANTINO et al., Defendants and Respondents.

Court of Appeals of California, Third District.

July 2, 1965.


Attorney(s) appearing for the Case

Jennings, Haid, Gartland & Tilly, Eugene L. Gartland and John V. Tilly for Plaintiff and Appellant.

Lally & Martin and Thomas W. Martin for Defendants and Respondents.


PIERCE, P.J.

This is a suit for an injunction. Plaintiff is the senior user of a trade name and symbol. The name, also the family name of defendants, has comparatively recently (1960) been adopted by them as the name of their business. Both parties are in the restaurant business but with different specialties. The name-symbols used in advertising are, as the court found, similar. Judgment was for defendants and plaintiff...

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