United States Jaycees, a Missouri Corporation v. San Francisco Junior Chamber of Commerce, a California Corporation

MERRILL, Circuit Judge,

(dissenting):-

This is an action arising under the trade-mark laws. Appellees United States Jaycees and California State Junior Chamber of Commerce have alleged infringement of certain registered marks and unfair competition by appellant, San Francisco Junior Chamber of Commerce,1 with jurisdiction conferred by 28 U.S.C. § 1338. Upon appeal.the only issue of moment is the contention of appellees that they have a common-law right to exclusive use of the unregistered name “Junior Chamber of Commerce.” Conceding that such name is not inherently distinctive, but is…