Lerner Stores Corporation v. Lerner

ORR, Circuit Judge.

Appellant seeks to enjoin appellee from using the name “Lerner” in ihe title of his store in San Jose, alleging that by such use of said name appellee is indulging in unfair competition.

Appellant, at the time of the commencement of this action, was operating 181 stores located in 41 states and the District of Columbia. Each store is designated as “Lerner Shops” by a sign extending across the front, and printed on price tags, boxes, hags and sales slips. The stores are not advertised in newspapers, magazines, or over the radio. The historical background of appellant, as…