Wolfe v. National Lead Company

272 F.2d 867 123 U.S.P.Q. 574 Bernard M. WOLFE and Frederick J. Dannenfelser, Individuals and Co-partners Doing Business Under the Names and Styles of 'Dutch Paint Company' and 'Manning-Mitchell Paint Company,' Appellants, v. NATIONAL LEAD COMPANY, a Corporation, Appellee. No. 16157. United States Court of Appeals Ninth Circuit. Nov. 27, 1959. Joseph L. Alioto, Guido Saveri, San Francisco, Cal., for appellant. Crimmins, Kent, Bradley & Burns, Robert E. Burns, San Francisco, Cal., for appellee. Before CHAMBERS, HAMLIN and MERRILL, Circuit Judges. MERRILL, Circuit Judge. 1 Appellants will hereinafter be designated in the singular as 'Wolfe.' 2 Wolfe takes this appeal from judgment of the District Court in the sum of $239,457.86, based upon an accounting of profits and damages as reported by the court following hearing. Wolfe contends that in several specific respects the accounting report gives recognition to accounting methods and considerations which are inappropriate under the facts of this case. 3 The accounting was ordered for the purpose of ascertaining the extent of profits realized by Wolfe through his use of paint products and in advertising of the words 'Dutch,' 'Dutch…