Sunbeam Lighting Co. v. Sunbeam Corporation

The Sunbeam Corporation, an Illinois corporation situated in Chicago, a large and substantial manufacturer of electrically operated household utensils, secured a judgment against the Sunbeam Lighting Co., a California copartnership at Los Angeles, with Marcus Bodian, Herbert L. Krieger and Phil R. Friedman as copartners therein, extensive manufacturers of fluorescent electrical fixtures, in which the individuals mentioned are permanently enjoined from using the name “Sunbeam” in connection with their business. Those enjoined appeal.

The plaintiff assumed the name of Sunbeam Corporation in 1946, having theretofore conducted its business under the name of Chicago Flexible Shaft Company. In 1921 plaintiff took the word Sunbeam as a trade-mark and name for its electric flat irons and thereafter used that name in marketing other household electric utensils. In 1945 it first used that name on furnaces for • fusing metals. Some time the name was used by the corporation in connection with heaters as “Stewart Sunbeam”. In 1921 the plaintiff applied for the registration of Sunbeam as the trade-mark for “electric flatirons, machines and supplies.” It has since applied the mark to many…