DFS
Duggan's Funeral Service, Inc. v. Duggan's Serra Mortuary, Inc.
Opinion
Opinion
Reardon, J.
This is an appeal from summary judgment entered in a trademark infringement and unfair competition case involving funeral businesses owned and operated by relatives of William Duggan, founder of appellant Duggan’s Funeral Service, Inc. (DFS). We affirm the judgment in favor of respondent Duggan’s Serra Mortuary, Inc. (Serra) as well as the award of attorney fees, as modified.
I. Facts
A. History of the Two Companies
The history of the family funeral business dates back to the 1880’s when James Hagen began providing funeral services in the Sari Francisco area. William Duggan started working for Hagen in 1903 and married his daughter, Henrietta, the next year. In 1929 William Duggan, began using the name “Duggan’s Funeral Service” for his own business on Valencia Street in San Francisco. DFS moved to 17th Street in 1934 and has remained there ever since.
William and Henrietta had several children, including Edwin (Bud) and Letitia. Bud worked for DFS, eventually becoming president. In 1963 Bud founded Serra in Daly City. The Board of Directors of DFS terminated Bud’s employment that year. Bud’s sister, Letitia Welch, took over the business and ran it until her death in…