Carolina Pines, Inc. v. Catalina Pines
Opinion
Lead Opinion
Morton, J.
Plaintiff, Rose P. Satterfield, on or about February 1, 1925, commenced doing a restaurant, cafe and tea-room business at 4619 Melrose Avenue in the city of Los Angeles, California, under the fictitious firm name and style of The Carolina Pines. In July, 1929, the business was incorporated as “The Carolina Pines, Inc.”, a corporation, plaintiff owning all the stock, except two qualifying shares. She continued at that address until August, 1929, at which time she moved to 7315 Melrose Avenue, it being necessary that larger quarters be secured to accommodate her business. She specialized on certain recipes and food combinations which might generally be termed Southern style meals, serving certain definite menus of food, with slight variations for each day of the week and at a fixed and definite charge of lunch fifty cents and dinner eighty-five cents. The business name of “The Carolina Pines” was prominently used, displayed and advertised inside and outside the premises and _ particularly by two large Neon signs on top of the building. On either side of the entrance was a large boxed pine tree and at both sides of the cashier’s desk, a potted pine tree. A large oil painting of pine…