HAWAII JEWELERS ASS'N v. FINE ARTS GALLERY, INC.

No. 4856.

463 P.2d 914 (1970)

HAWAII JEWELERS ASSOCIATION, an unincorporated trade association, Plaintiff-Appellee, v. FINE ARTS GALLERY, INC., an Arizona corporation, and Stanton M. Bier, Defendants-Appellants.

Supreme Court of Hawaii.

January 23, 1970.


Attorney(s) appearing for the Case

Sidney I. Hashimoto, Chee, Hashimoto, Lee & Oshiro, Honolulu, Donald Maxwell, Maxwell & Johnson, Scotsdale, Ariz., Charles C. Bernstein, Phoenix, Ariz., for defendants-appellants.

J. Russell Cades and Thomas P. Huber, Cades, Shutte, Fleming & Wright, Honolulu, for plaintiff-appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and M. DOI, Circuit Judge, in place of KOBAYASHI, J., disqualified.


ABE, Justice.

The defendant, Fine Arts Gallery, Inc., commenced business on July 5, 1968, at 2270 Kalakaua Avenue, in Waikiki, Honolulu, Hawaii, advertising its business as "auction."1 It also gave notice of "auction" to the public by bulkmail. At the premises there were several signs reading "auction."

The plaintiff, Hawaii Jewelers Association, an unincorporated trade association, brought this action against the defendant corporation...

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