Legal Opinion
Industrial Photo Service v. Kelly
California Court of Appeal
Decided December 28, 1961No. Civ. 25168PublishedCited by 7 opinions
1Opinion of the CourtShinn, P. J.
This is an appeal by defendant from a judgment restraining his use of the phrase ‘ ‘ Industrial Photo Services” to describe his photographic business. The court based its judgment on findings that plaintiff had been “heretofore” in the business of industrial photography under the name “Industrial Photo Service,” and was well known by that name in industry; since September 1959, defendant had solicited industrial photography business under the name “Kelly’s Industrial Photo Services, Inc.,” had answered his telephone as “Industrial Photo,” and that the reason why the defendant adopted the name…
2Cases cited12 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Herring-Hall-Marvin Safe Co. v. Hall's Safe Co.Supreme Court of the United States · 1908
- Academy of Motion Picture Arts & Sciences v. BensonCalifornia Supreme Court · 1940
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- Family Record Plan, Inc. v. MitchellCalifornia Court of Appeal · 1959
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3Cited by7 opinions
- Hmh Publishing Co., Inc., a Delaware Corporation, and Playboy Clubs International, Inc., a Delaware Corporation v. Victor BrincatCourt of Appeals for the Ninth Circuit · 1974
- Ball v. American Trial Lawyers Assn.California Court of Appeal · 1971
- Mallard Creek Industries, Inc. v. MorganCalifornia Court of Appeal · 1997
- North Carolina Dairy Foundation, Inc. v. Foremost-McKesson, Inc.California Court of Appeal · 1979
- Cowles Magazines & Broadcasting, Inc. v. Elysium, Inc.California Court of Appeal · 1967
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