Benioff

Fred Benioff Co., a California corporation, engaged in the business of retailing ladies’ furs, fur garments and other types of women’s apparel in San Francisco and elsewhere, commenced this action for injunction and damages against defendant Fred Benioff claiming: (1) Infringement of United States registered trademark No. 236829 (Trademark Act of 1920, 41 Stat. 533 , Ch. 104, 15 U.S.C.A. § 121 et seq.), being a label for use in connection with garments offered for sale and having inscribed thereon the words “Benioff’s Furs,” and (2) in a second cause of action, “unfair competition” on the part of defendant Fred Benioff.

Upon the complaint and supplemental complaint and answers thereto, the cause, together with defendant’s motion to dismiss for lack of jurisdiction, was tried and submitted.

There is no diversity of citizenship, 28 U.S.C.A. § 41 (1), both plaintiff and defendant Fred Benioff being citizens of the State of California. Other defendants named in the complaint were not real parties in interest and only the issues between plaintiff and defendant Fred Benioff were litigated.

This litigation is the offspring of the marital difficulties of the defendant Fred Benioff and…