Robert Wian Enterprises v. Persinger

229 F.2d 154 ROBERT C. WIAN ENTERPRISES, Inc., a Corporation, Appellant, v. L. O. PERSINGER and Merle Persinger, Individually and as Partners, Doing Business as Big Boy Manufacturing Company, Appellees. No. 14723. United States Court of Appeals Ninth Circuit. December 13, 1955. Gray, Binkley & Pfaelzer, William P. Gray, Martin J. Schnitzer, Los Angeles, Cal., for appellant. Albert Lee Stephens, Jr., George B. T. Sturr, Los Angeles, Cal., for appellees. Before HEALY, BONE, and CHAMBERS, Circuit Judges. PER CURIAM. 1 Wian Enterprises, plaintiff and appellant, operates principally in Southern California a drive-in restaurant business, the fulcrum of which seems to be a double-decked hamburger served under the name of "Big Boy." His advertising on the premises and in the media focuses on a fat infant, hamburger in hand. Defendants and appellees are in a different business: the manufacture of outdoor barbecue equipment. After plaintiff established its use of the name of "Big Boy" and the "Home of Big Boy" defendants became the Big Boy Manufacturing Company in Southern California and the "Home of Big Boy Manufacturing Company." 2 Plaintiff's amended complaint pleads two claims of…