Family Record Plan, Inc. v. Mitchell

The lower court granted to plaintiff a preliminary injunction prohibiting defendants from the continuance of certain acts claimed to constitute the infringement of a trade name (Bus. & Prof. Code, § 14400) and unfair competition (Civ. Code, § 3369). The parties are each engaged in the same business in this state arid in the same general areas elsewhere, namely, selling photograph albums along with photograph certificates which, as part of a package deal, entitle the purchaser periodically to a specified number of photographs, usually of the purchaser’s children, taken at studios under…