Sunset House Distributing Corp. v. Doran

304 F.2d 251 SUNSET HOUSE DISTRIBUTING CORP., a corporation, and American Cover Co., Inc., a corporation, Appellants, v. Verna H. DORAN, William E. Doran and Verna H. Doran dba Plasti-Personalities, a sole proprietorship, Appellees. No. 17721. United States Court of Appeals Ninth Circuit. June 18, 1962. Vaughan, Brandlin, Robinson & Roemer, Richard I. Roemer, and Marvin A. Freeman, Los Angeles, Cal., for appellants. Richard F. Carr, and William E. Moore, Los Angeles, Cal., for appellees. Before STEPHENS, CHAMBERS and BARNES, Circuit Judges. CHAMBERS, Circuit Judge. 1 This is a contest between two rumpled Santa Clauses. Both begin their inanimate life as red flat plastic bags with some decoration and faces thereon. In this form, they are sold to the purchaser, who stuffs them with crumpled newspapers. The result is a fat life-sized dummy Santa Claus. Only the face on each, which is a happy one, contradicts the otherwise disheveled appearance of both. 2 The use is obvious. At the Christmas season they are marketed to some storekeepers for decorative purposes and to fond parents for their children. 3 The Dorans' Santa Claus was made first and copyrighted. It met with commercial…