Harlow

By this action, plaintiff, a Delaware Corporation with its principal place of business in Chicago, Illinois, the owner of the Pump Room in Chicago, Illinois, seeks to enjoin defendants, citizens of California, from using the.name “Pump Room” in connection with the operation of a restaurant and cocktail bar in Los Angeles County. Plaintiff also demands general and punitive damages. Defendants, by counterclaim, seek to enjoin the plaintiff from using the name “Pump Room” in Los Angeles. County in connection with plaintiff’s proposed opening of a restaurant in Los Angeles County.

Plaintiff’s predecessor, Ambassador East, Inc., established the Pump Room in the Ambassador East Hotel in Chicago, Illinois in 1938. The decor and service were unique and by 1951 the name “Pump Room” had acquired through diverse publicity a secondary meaning throughout the United States. The foundation and operation of the Pump Room and publicity received by it is described in the cases of Ambassador East, Inc. v. Shelton Corners, Inc., D.C.S.D.N.Y.1954, 120 F.Supp. 551 ; Ambassador East, Inc. v. Orsatti, Inc., 3 Cir., 1958, 257 F.2d 79 . See also the District Court opinion in the Orsatti case,…