EVERGREEN ST. AMUSE. v. BURNS & CO.

No. 114-40697-1.

2 Wn. App. 416 (1970)

468 P.2d 460

EVERGREEN STATE AMUSEMENT COMPANY, Respondent, v. S.F. BURNS & CO., INC., et al., Appellants.

The Court of Appeals of Washington, Division One, Panel 1.

April 20, 1970.


Attorney(s) appearing for the Case

Nicolai, Montgomery & Sorrel and Max R. Nicolai, for appellants.

Monheimer, Schermer, Van Fredenberg & Smith and Stephen P. Ryder, for respondent.


JAMES, C.J.

This is an appeal from a decree enjoining the defendants, S.F. Burns & Co., Inc., and others (hereinafter "Burns"), from using the word "Evergreen" as a part of the name of their motion picture theater.

The trial judge found these to be the facts: The plaintiff, Evergreen State Amusement Corporation, was the first appropriator of the name "Evergreen," which it uses in conjunction with the operation of its theaters. It has used the name continuously...

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