United States Jaycees v. San Francisco Jr. Cham. of Com.

• Decision Date: 09 August 1972
• Docket Number: No. C-70-2334-CBR.,C-70-2334-CBR.
• Citation: 354 F. Supp. 61
• Parties: UNITED STATES JAYCEES, a Missouri corporation, and California State Junior Chamber of Commerce, a California corporation, Plaintiffs, v. SAN FRANCISCO JUNIOR CHAMBER OF COMMERCE, a California corporation, and the San Francisco Junior Chamber of Commerce Charitable Foundation, a California corporation, Defendants.
• Court: U.S. District Court — Northern District of California

354 F. Supp. 61

UNITED STATES JAYCEES, a Missouri corporation, and California State Junior Chamber of Commerce, a California corporation, Plaintiffs, v. SAN FRANCISCO JUNIOR CHAMBER OF COMMERCE, a California corporation, and the San Francisco Junior Chamber of Commerce Charitable Foundation, a California corporation, Defendants.

No. C-70-2334-CBR.

United States District Court, N. D. California.

August 9, 1972.

COPYRIGHT MATERIAL OMITTED

John P. Sutton, Limbach, Limbach & Sutton, San Francisco, Cal., for plaintiff.

Victor B. Levit, Long & Levit, San Francisco, Cal., for defendant.

FINDINGS OF ACT, CONCLUSIONS OF LAW, AND MEMORANDUM OF DECISION GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

RENFREW, District Judge.

The cross motions for summary judgment¹ filed by plaintiffs, United States Jaycees and California State Junior Chamber of Commerce, and defendant San Francisco Junior Chamber of Commerce, pursuant to Rule 56 of the Federal Rules of Civil Procedure, came on regularly for hearing before this Court on April 21, 1972, and April 26, 1972. The Court having fully examined and considered the cross motions of plaintiffs and defendant as well as all contentions of plaintiffs and defendant pertaining to these motions, all affidavits, documents, exhibits, agreed statements of fact, and memoranda and authorities cited therein, makes the following Findings of Fact and Conclusions of Law setting forth the facts and law entitling plaintiffs to summary judgment.

FINDINGS OF FACT

1. Plaintiff United States Jaycees ("National") is a Missouri corporation organized as a civic action group in 1920 and has continuously existed since then, first under the name United States Junior Chamber of Commerce and since July 19, 1965, as United States Jaycees.

2. The Junior Chamber of Commerce movement started in 1915 in St. Louis, Missouri. The first organization, the "Young Men's Progressive Civic Association," changed its name to "Junior Citizens" which became abbreviated to "J.C.'s."

3. In 1918 the Junior Citizens organization affiliated with the St. Louis Chamber of Commerce and officially became known as the Junior Chamber of Commerce.

4. In January, 1920, at a caucus held in St. Louis, Missouri, the national organization, the United States Junior Chamber of Commerce, was formed.

5. National was incorporated as the United States Junior Chamber of Commerce in the State of Missouri on August 5, 1929, and officially changed its name to United States Jaycees on July 19, 1965.

6. National's existence has been continuous from its inception in 1920 to date.

7. At the present time National has over 6,000 affiliated chapters with more than 300,000 members.

8. California State Junior Chamber of Commerce ("State") was organized in April, 1926, chartered by National as of January 15, 1927, and has been in continuous existence since.

9. At the present time State has approximately 10,000 members in more than 250 local chapters.

10. Defendant San Francisco Junior Chamber of Commerce ("SFJCC") was originally organized as a division of the San Francisco Chamber of Commerce in October, 1927, was incorporated as a California corporation on December 9, 1948, and has been in continuous existence since 1927. Since its organization it has used the name "San Francisco Junior Chamber of Commerce" in the Bay Area and elsewhere. Since its inception defendant SFJCC has been and continues to be a civic organization in the San Francisco community and has carried out and continues to carry out many worthwhile civic projects.

11. Defendant San Francisco Junior Chamber of Commerce Charitable Foundation is a California corporation.

12. National is an integrated collective organization made up of state and local organizations, all of which are engaged in the services of "organizing and holding meetings, competitions, and other special events for young men interested in the affairs and improvement of their communities, with the purpose of fostering interest in community betterment programs at the local, state and national levels, as well as offering leadership experience to the members."

13. The Junior Chamber movement is worldwide and Junior Chamber International is a worldwide organization with representatives in many countries and cities throughout the world.

14. Defendant SFJCC affiliated with National in about 1930.

15. Defendant SFJCC affiliated with State in 1928.

16. The charter of defendant SFJCC was revoked by State on February 15, 1970.

17. The charter of defendant SFJCC was revoked by National on March 16, 1970.

18. Defendant SFJCC was an officially recognized affiliate organization of National during most of the years between 1930 and 1970.

19. There were periods of time during the years 1930 through 1970 when defendant SFJCC was not affiliated with National and during all these periods of disaffiliation defendant SFJCC continued using the name "San Francisco Junior Chamber of Commerce."

20. Defendant SFJCC chose to disaffiliate with National and State primarily because the majority of its members felt they did not receive sufficient value for the dues paid to plaintiffs, and also because of disagreement with National with respect to philosophy and public positions taken by National. The fact that the Los Angeles Junior Chamber of Commerce was not affiliated with plaintiffs was of minor consequence in the decision to withdraw.

21. Prior to disaffiliation defendant SFJCC used the word "JAYCEE" in part to identify members of National as well as to identify individuals belonging to state or local chapters, whether affiliated with plaintiffs or not.

22. The abbreviation "J.C." was used to differentiate Junior Chambers of Commerce from Senior Chambers of Commerce prior to the adoption of this abbreviation by defendant SFJCC.

23. The words "JUNIOR CHAMBER OF COMMERCE" were adopted by officially recognized affiliates of National in localities other than the Bay Area prior to the adoption of these words by defendant SFJCC.

24. Prior to disaffiliation, members of defendant SFJCC frequently held offices in State and National.

25. The State of California proclaimed the week of January 18-24, 1970, as Jaycee Week in recognition of the 50th anniversary of the United States Junior Chamber of Commerce.

26. The goals of self-improvement and civic progress are shared by defendant SFJCC and officially recognized Jaycee affiliates, as well as other civic organizations.

27. Prior to defendant SFJCC's disaffiliation from National, there was no provision of the by-laws of National or any of the other governing documents of that organization which provided that when a local chapter disaffiliated, either voluntarily or involuntarily, it could no longer continue to use the name which it used prior to its disaffiliation.

28. After defendant SFJCC disaffiliated from National, National adopted the following by-law: "Applying for affiliation with the U.S. Jaycees by local organization member and/or maintaining affiliation shall constitute a waiver of all rights to the name Jaycees and/or Junior Chamber of Commerce in the event the local organization member at any time for any reason ceases to maintain a U.S. Jaycee charter."

29. At the present time there are five local chapters including defendant SFJCC in the entire United States that continue to use the name "Junior Chamber of Commerce" after having disaffiliated from National.

30. The number of disaffiliated local chapters continuing to use the designation "Junior Chamber of Commerce" has not exceeded five since 1965.

31. The Los Angeles Junior Chamber of Commerce has not been affiliated with either State or National since July 5, 1960.

32. No attempt has been made by either State or National to stop the disaffiliated Los Angeles chapter from referring to itself as the Los Angeles Junior Chamber of Commerce.

33. At all times prior to the filing of this present action on October 29, 1970, State and National's action with respect to all local disaffiliated chapters consisted of encouraging the disaffiliated local chapter to rejoin State and National.

34. Prior to the present litigation, no legal action had been taken by either State or National attempting to restrain any disaffiliated local chapter from continuing to use the name by which it was known prior to its disaffiliation.

35. Since disaffiliation defendant SFJCC has continued to use the words "Junior Chamber" apart from the full name "San Francisco Junior Chamber of Commerce" and has continued to use the words "Jaycees" and "Jaycee" and the abbreviations "J.C.'s" and "J.C." in circulars and in its newspaper.

36. The essential civic purpose of defendant SFJCC has not been changed since its disaffiliation with State or National.

37. Since its disaffiliation from National and State, defendant SFJCC has continued to render substantially the same types of civic services under the same designations as it had before its disaffiliation.

38. Defendant SFJCC is engaged in substantially the same types of civic services as are the other member organizations of State and National.

39. Since its disaffiliation from State and National, defendant SFJCC has continued to use the designations "San Francisco Junior Chamber of Commerce," "Junior Chamber of Commerce," "Junior Chamber," "Jaycees," "Jaycee," "J.C.'s," and "J.C." in referring to itself and the services it performs.

40. National is still referred to as the "United States Junior Chamber of Commerce" and continues to receive substantial quantities of mail addressed to the United States Junior Chamber of Commerce even though National had officially changed its name to "United States Jaycees" on July 19, 1965.

41. National owns United States Trademark Registrations Nos. 746,757; 810,264; 813,205; and 813,475.

42. After the disaffiliation of defendant SFJCC from National and State, a new authorized local chapter of National and State was organized in San Francisco with the name ...