Katschinski

Plaintiff and appellant, doing business under the name and style of “Philadelphia Shoe Company,” with its principal place of business in San Francisco, commenced this action to restrain defendants from conducting the same line of business in the city of Fresno under the name of “Philadelphia Shoe Store.” Two causes of action were included in the complaint, the first based upon plaintiff’s exclusive state ownership of the name by virtue of his continuous use thereof since 1881 and his registration of the trade name with the Secretary of State pursuant to section 3197 of the Political Code, and the second based on the common-law right of protection against unfair trade and competition. Judgment was given in favor of defendants, from which plaintiff has appealed on the ground that the evidence does not support the findings made by the trial court.

The allegations of the first cause of action found to be true by the court are, generally, .that in 1881 plaintiff commenced doing business as a dealer in boots and shoes in the state of California, with his principal place of business in the city and county of San Francisco, under the name of “Philadelphia Shoe Company,” and adopted said…