Schwartz v. Television Center, 10813.
| Decision Date | 17 May 1951 |
| Docket Number | No. 10813.,10813. |
| Parties | SCHWARTZ v. TELEVISION CENTER, Inc., et al. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Before CLARK, PRETTYMAN and WASHINGTON, Circuit Judges.
This is an appeal from the United States District Court for the District of Columbia; that court dissolved the preliminary restraining order which had been granted to the appellant, dismissed appellant's complaint, and awarded the appellee the sum of $200 as nominal damages.
The appellant, Schwartz, filed his complaint charging the appellees herein with having engaged in unfair competition by the appropriation of appellant's trade name. Damages and an injunction were requested "to prevent unfair competition and unfair use of trade name." A temporary injunction restraining the appellees from the use of the name "Television Center" was issued. Appellees answered and counterclaimed for damages for having been prevented from opening their place of business as a result of the temporary injunction, and for appropriation of the trade name "Television Center" by the appellant.
A preliminary restraining order was then issued, and the case was heard on the merits by Judge Goldsborough who dissolved the injunction, dismissed the complaint, and awarded the appellees nominal damages. From that judgment this appeal was taken.
The appellant's complaint seeks an injunction to prevent unfair competition by the appropriation of the trade name "Television Center." This Court has held, McGraw-Hill Pub. Co. v. American Aviation Associates, 1940, 73 App.D.C. 131, 117 F.2d 293, 296.
We quite agree with the lower court that the appellant "did not use said words Television Center in such a manner as to acquire a secondary meaning, but used same only in a subordinate manner, and such use was not consistent, continuous nor exclusive over a sufficient period of time to create a secondary meaning to the general public." The main reliance upon which appellant bases his claim is the use of the term "Electrical Center is...
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