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FRED BENIOFF CO. v. BENIOFF

No. 22033 — G.

55 F.Supp. 393 (1944)

FRED BENIOFF CO. v. BENIOFF et al.

District Court, N. D. California, S. D.

March 6, 1944.

Attorney(s) appearing for the Case

Hackley & Hursh, Roy C. Hackley, Jr., Jack E. Hursh, Jaffa & Sumski, Edward M. Jaffa, and Barnett Sumski, all of San Francisco, Cal., for plaintiff.

Livingston & Livingston and David Livingston, all of San Francisco, Cal. (Chas. E. Townsend and Stephen S. Townsend, both of San Francisco, Cal., of counsel), for defendant.

GOODMAN, District Judge.

Fred Benioff Co., a California corporation, engaged in the business of retailing ladies' furs, fur garments and other types of women's apparel in San Francisco and elsewhere, commenced this action for injunction and damages against defendant Fred Benioff claiming: (1) Infringement of United States registered trademark No. 236829 (Trademark Act of 1920, 41 Stat. 533, Ch. 104, 15 U.S.C.A. § 121 et seq.), being a label for use in connection...

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