Sleeper Lounge Company v. Bell Manufacturing Company

253 F.2d 720 SLEEPER LOUNGE COMPANY, a copartnership consisting of Charles Kunzelman and James A. Anderson, Charles Kunzelman and James A. Anderson, Appellants, v. BELL MANUFACTURING COMPANY, a corporation, Appellee. No. 15495. United States Court of Appeals Ninth Circuit. March 21, 1958. Lyon & Lyon, R. Douglas Lyon, Los Angeles, Cal., for appellants. Elliott & Pastoriza, Santa Monica, Cal., Adelbert Schapp, San Francisco, Cal., for appellee. Before CHAMBERS and BARNES, Circuit Judges, and CLARK, District Judge. BARNES, Circuit Judge. 1 Appellee sued appellants below and recovered damages and attorneys' fees for infringement of and unfair competition with appellee's Registered Trade-Mark No. 377,752, dated May 11, 1940. Jurisdiction was in the lower court. 15 U.S. C.A. § 22. This Court has jurisdiction of the timely appeal. 28 U.S.C § 1291. 2 The trade-mark in question consists of the words "Wonder Chair," (with a disclaimer as to the word "Chair" apart from the mark) as applied to "Reclining Chairs and Convertible Chair Beds" in Class 32, Furniture and Upholstery. 3 The court, trying the case without a jury, made findings which stated that appellants adopted…