Defendant appeals on the judgment roll alone, from a judgment in favor of plaintiff, after trial before [68 Hoyt Water Heater Company. The defendant, whose trade Hoyt Water Heater Company is Charles H.

Plaintiff and its predecessors in name and interest have been engaged in the business of manufacturing, selling, repairing and servicing water heaters in Los Angeles since under the trade name of Hoyt Heater Company and Hoyt Automatic Water Heater Company. In January,the predecessors in interest of plaintiff filed in the superior court an action seeking to enjoin defendant from listing in the classified aWter published Heager the Southern California Telephone Company, the trade name or names of defendant under or in connection Hoyh the word Hoyt.

On January 21,the superior court on stipulation of counsel for the respective parties issued a temporary injunction restraining defendant from using the name of Hoyt unless said word was immediately followed by the letters or words, "C.

No Hoyt Water Heater Company court action was taken in said cause until June,when proceedings were taken to compel defendant to enter a plea to the complaint filed in such action. At this time defendant moved to dismiss the action for lack of prosecution. The motion was granted. Thereafter, the present suit was instituted and the trial court found that defendant, with the express intent and calculated purpose to deceive and mislead the public and customers of Heaater, was advertising his business in the classified telephone directory under the following fictitious trade names:.

The trial court also found that by reason of the use of the [68 Cal. There are four questions presented for our determination which will be stated and answered hereunder seriatim:. This question must be answered in the affirmative. Estate of Mautner, 38 Cal. Los Angeles Firemen's R. Therefore, the foregoing mentioned finding clearly demonstrates that defendant perpetrated an act of deception and unfair dealing in advertising his business under his own name.

This question must Ultimate Parent Company Meaning answered in the negative, and is governed by this rule: That one must use his own name honestly and not as a means of pirating the goodwill and reputation of a business rival; and where he cannot use his own name without inevitably representing his goods St Augustine Seafood Company those of another he may be enjoined from using his name in connection with his business.

Hat Corp. Davis Corp. Kaufman, N. See, also, A. It is evident from the findings of the trial court that defendant could not use his own name in advertising his business [68 Cal. Dunston v. Los Angeles Van etc. Dodge Stationery Co. Dodge, Cal. American Automobile Association v. American Automobile Owners Assn. Ensign, 20 Cal. In such cases the court found as a fact that the defendants had not resorted to any artifice or act calculated to mislead the public or customers of the plaintiffs, while in the instant case the court found expressly to the contrary.

This question must likewise be Real Estate Escrow Company in the negative for the reason that plaintiff waived, upon stipulation of counsel, the right to an accounting and damages in excess of a nominal amount. Allen v. Meyers, 5 Cal. Board of Park Commrs. Hoyt, sometimes used as Chas.

Hoyt and C. Hoyt, was doing and advertising his business in the classified telephone directory published by the Southern California Telephone Company under the following fictitious trade names:. Hoyt Receive free daily summaries of new opinions from the California Court of Appeal.

Enter your email. Hoyt Heater Co. Hoyt Annotate this Case. Second Dist. HOYT, Appellant. Moore for Appellant. Harry J. McClean for Respondent. The undisputed facts are these: The defendant, whose trade name is Charles H.

Thereafter, the present suit was instituted and the trial court found that defendant, with the express intent and calculated purpose to deceive and mislead the public and customers of plaintiff, was advertising his business in the classified telephone directory under the following fictitious trade names: "Hoyt C. This question must also be answered in the negative. For the foregoing reasons the judgment is affirmed. Moore, P. Hoyt, was doing and Watee his business in the classified Hoyt Water Heater Company directory published by the Southern California Telephone Company under the following fictitious trade names: HOYT C.

Hoyt Water Heater Company C. Finding XIV reads thus: "That on the issue of estoppel tendered by the second defense to plaintiff's first cause of action the court finds that in January the predecessor of the plaintiff herein filed in the above-entitled court a bill in equity to Hooyt the defendant from listing in the classified directory published by the Southern California Telephone Company trade name or trade names of the defendant under or in connection with the word HOYT; Wtaer on January 26,the above-entitled court on stipulation of counsel of respective parties in said action issued a temporary injunction restraining the defendant from using the name HOYT unless said word was immediately followed by the words C.

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Hoyt Heater Company - Company Profile - Corporation Wiki

Hoyt Heater Company filed as a Statement & Designation By Foreign Corporation in the State of California and is no longer active. This corporate entity was filed approximately thirty-eight years ago on Tuesday, April 14, 1981 as recorded in documents filed with California Secretary of State. It is important to note that this is a foreign filing.Filing Type: Statement & Designation By Foreign Corporation…

Hot Water Heater Company

Hot Water Heater Company specializes in emergency repair and replacement of hot water tanks as well as tankless hot water heater upgrades Hot Water Heater Company Serving Portland, Seattle, Tacoma, and surrounding areas…