American Petrofina, Incorporated v. Petrofina Of California, Inc.

596 F.2d 896 202 U.S.P.Q. 354 AMERICAN PETROFINA, INCORPORATED, American Petrofina Company of Texas and American Petrofina Exploration Company, Plaintiffs-Appellees, v. PETROFINA OF CALIFORNIA, INC., and Leigh A. Ross, Defendants-Appellants. No. 76-1429. United States Court of Appeals, Ninth Circuit. May 11, 1979. Charles E. Wills (argued), Los Angeles, Cal., for defendants-appellants. Rynn Berry (argued), New York City, for plaintiffs-appellees. Appeal from the United States District Court for the Central District of California. Before CHAMBERS, ELY, and WALLACE, Circuit Judges. ELY, Circuit Judge: 1 The appellees, plaintiffs below, moved that a summary judgment be granted in their favor. The District Court granted the motion, enjoining the appellants from continuing to use any derivation of the names "PETROFINA" or "FINA" as part of the trade name or trademark of Petrofina of California. We affirm. 2 The complaint filed in the District Court consisted of four counts. 1 Detailed discussion of the four separate counts is needless. This is because if the appellees prevailed on any one of the counts, they would be entitled to the injunctive relief granted by the District Court. 2 3…