Sunbeam Furniture Corp. v. Sunbeam Corp.

Good Law
191 F.2d 141
United States Court of Appeals for the Ninth CircuitSeptember 12, 195112628California1,683 words

Opinion

Opinion

Stephens, J.

Sunbeam Corporation, plaintiff below, appellee here, successfully sought in the district court an injunction against Sunbeam Furniture Corporation (a California corporation) and Arthur M. Luster, Melvin R. Luster and Frieda Luster, President, Secretary-Treasurer and Vice-President respectively, from using plaintiff-appellee’s trademark “Sunbeam” in connection with defendant-appellant’s sales, wares, or its corporate name. 88 F.Supp. 852 . Since the names of the organizations are similar, we shall refer to plaintiff-appellee as the Illinois corporation, and to defendant-appellant as the California corporation

The California corporation has its main place of business in Los Angeles, California, and is engaged in selling household furniture, primarily to the retail dealers in California and neighboring states. Prominently displayed on its business building are the words “Sunbeam Furniture Corp.” and it claims to have used the word “Sunbeam” in connection with its business since 1946. The California corporation’s name “Sunbeam Furniture Corporation” appears on price tags, affixed to furniture, on its shipping labels, invoices and stationery. It advertises in furniture trade…

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