Hall

This is an appeal from a judgment denying injunctive relief from an alleged infringement of a trade name and design called “The White Spot.” This name, together with the design of a white spot over a black background, was registered and used by the plaintiff to designate his ownership of three restaurants which he maintained in Los Angeles.

From and after June, 1924, the plaintiff established and thereafter operated his first restaurant on Wilshire Boulevard in Los Angeles. The second one was opened in March, 1927, on Beverly Boulevard. The third one was instituted in August of the same year and was also located on the last-mentioned boulevard. The business prospered. In 1928 the aggregate income from these restaurants was $495,000. In 1924, before the defendant owned or operated a restaurant, the plaintiff recorded with the Secretary of State of California, pursuant to section 3197 of the Political Code, as a trade name and mark, the words “The White Spot,” together with the design of a circular white spot, to be used in connection with and as a sign to designate the ownership of his said restaurant business. On April 6, 1927, he again recorded with the Secretary of State,…