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SUNBEAM CORPORATION v. SUNBEAM FURNITURE CORP.

No. 8727-Y.

88 F.Supp. 852 (1950)

SUNBEAM CORPORATION v. SUNBEAM FURNITURE CORPORATION et al.

United States District Court S. D. California, Central Division.

February 15, 1950.

Attorney(s) appearing for the Case

Rogers & Woodson, B. W. Pattishall, William T. Woodson, Lewis S. Garner, Chicago, Ill., John F. McCanna, Chicago, Ill., Lyon & Lyon by Reginald E. Caughey, Los Angeles, Cal., for plaintiff.

Huebner, Beehler, Worrel, Herzig & Caldwell, by Vernon D. Beehler, Herbert A. Huebner, Los Angeles, Cal., for defendants.

YANKWICH, District Judge (after stating the facts as above).

These facts are established beyond dispute: The plaintiff has a trademark and the defendant has none. The plaintiff preceded the defendant by many years in the field.

For, while the use of the name "Sunbeam" by the plaintiff as part of its corporate name is of recent origin, the trademark "Sunbeam" as applied to its products dates back to 1921. The pleadings in the case admit the existence of the...

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