California Western School of Law v. California Western University

California Western University (University) appeals from a judgment in a name infringement action. The court, sitting without a jury, permanently enjoined University from using a name similar to that of California Western School of Law (Law School).

University was incorporated in 1973, under the name of Tom Neal, Inc. Since July 1974, it has used the name California Western University. Its principal place of business is Santa Ana, California. University offers bachelor, masters and doctorate (but not in the subject of law) degrees.

In 1952, Balboa College in San Diego changed its name to California Western University (not the appellant and hereafter called CWU-Balboa). In 1958 Law School began operation as a graduate school of CWU-Balboa. In 1967, United States International University (USIU) merged with CWU-Balboa and continued to use the names “California Western University” and “California Western School of Law.”

In September 1974, USIU (Law School’s predecessor) became aware of Universisty. In October and November, USIU made written demand that University refrain from using the name of or similar to “California Western University.” In December 1974, University…