Motion Picture Make-Up Artists Ass'n v. Associated Motion Picture Make-Up Artists, Inc.

The plaintiff, a nonprofit corporation composed of fifty-five members engaged in the art of making up moving picture actors and actresses to prepare them for the taking of moving pictures and appearances on the stage, brought action against the defendant corporation to enjoin and restrain it from using the name of Associated Motion Picture Make-Up Artists, Inc., Ltd., and also to enjoin it from doing business under said name or using the name in any manner whatsoever. The defendant corporation is a commercial enterprise engaged in the manufacture and sale of all kinds of cosmetics, and in connection therewith has been accustomed to demonstrate the use of its cosmetics upon the persons of motion picture actors and actresses and the public generally.

The cause went to trial upon plaintiff's second amended complaint and the defendants’ answer thereto. The material allegations of the complaint were generally and specifically denied, and in addition a separate equitable defense was set up by the answer. Evidence consisting of the articles of incorporation of the plaintiff was introduced and the findings recite—but without any basis therefor shown in the record— that “the cause…