Legal Opinion

Stork Restaurant, Inc. v. Sahati

Court of Appeals for the Ninth Circuit

Decided February 18, 1948No. 11657PublishedCited by 210 opinions

1Opinion of the Court

GARRECHT, Circuit Judge.

The appellant seeks to enjoin the appel-lees from using its trade name, “The Stork Club”, and its insigne, consisting of a stork standing on one leg and wearing a high hat and a monocle. The complaint likewise asked for damages in the sum of $5,000, but that prayer was waived.

The court below entered judgment denying injunctive relief. From that judgment the present appeal has been taken.

1. The Facts

There is no dispute concerning the salient facts of this case. In their brief, the appel-lees concede that factual statement given in the appellant’s opening .brief is…

2Cases cited72 opinions

  1. Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
  2. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
  3. McLean v. FlemingSupreme Court of the United States · 1878
  4. Menendez v. HoltSupreme Court of the United States · 1888
  5. United States v. SteffensSupreme Court of the United States · 1879

67 more not listed; retrieve them via the Exa API.

3Cited by210 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. Official Airline Guides, Inc. v. GossCourt of Appeals for the Ninth Circuit · 1993
  3. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  4. The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
  5. Tisch Hotels, Inc., Americana Hotel Operating Corporation v. Americana Inn, Inc., Americana Motor Courts, Inc., Americana Catering CompanyCourt of Appeals for the Seventh Circuit · 1965

205 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API