The Surf Club v. Tatem Surf Club, Inc.

THOMAS, J.:

Appeal was taken from an order granting a motion to dismiss the amended bill of complaint filed by The Surf Club, a corporation not for profit, against Tatem Surf Club, Inc., a corporation for profit, containing a prayer for a decree restraining the use by the latter of “the words ‘Surf Club’ or the word ‘Surf’ as applied to a social or purportedly social organization. . . .”

Allegations which plaintiff proposed to prove as a foundation for the relief sought were: that it had been in existence and operation as an exclusive social club for many years and owned and maintained vari ous…