Appeal, No. 93, Jan. T., 1952, from decree of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1950, No. 3442, in case of Golden Slipper Square Club v. Golden Slipper Restaurant & Catering, Inc. Decree affirmed.
Irvin J. Kopf, with him Gabriel Berk, for appellant.
Norman H. Fuhrman, with him Victor H. Blanc and Stephen J. Korn, for appellee.
Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.
OPINION BY MR. JUSTICE BELL
Plaintiff, Golden Slipper Square Club, obtained an injunction against defendant, Golden Slipper Restaurant & Catering, Inc., enjoining the defendant from using the name "Golden Slipper" in conjunction with the operation of its night club, restaurant and catering business. From the decree granting an injunction the defendant has appealed.
The chancellor found the following facts: Plaintiff is a non-profit corporation with its principal offices at 213 s. Broad Street, Philadelphia. It has been in existence since 1924 and has now a membership of 1600 persons, predominantly from the Philadelphia area. It owns, maintains and operates the Golden Slipper Square Camp, a charitable summer camp for underprivileged children; a Milk Fund and a Coal Fund; it provides scholarships and outings for orphans; it gives aid to service men and to the needy poor; and it fosters achievement and service awards.
Plaintiff in order to raise funds for its charitable activities, holds one to three large-scale entertainments or shows each year in which stars of national fame in the entertainment field perform. In connection with these entertainments, plaintiff solicits advertisements for its program book from which it receives approximately $85,000 a year. Plaintiff also holds approximately
eight meetings a year and at these meetings leading celebrities speak or perform and large contributions are solicited and received. In the last three years plaintiff has raised and distributed for charitable purposes over $350,000. It bears a splendid reputation, locally as well as nationally, and in metropolitan Philadelphia it has become known and identified as the "Golden Slipper" or "Golden Slipper Club".
The defendant is a business corporation engaged since March 1948, in the restaurant, catering and night club business, with its principal place of business at 715 W. Girard Avenue, Philadelphia. It was originally known as Congress Restaurant, Inc., but changed its name on or about October 15, 1948. The chancellor specifically found that defendant changed its name "with the intent to trade upon the long-established good will and reputation of the plaintiff". Defendant has spent substantial sums of money in advertising its business. The words "Golden Slipper" or "Golden Slipper Club" which defendant sometimes used in its advertising are identified by the citizens of Philadelphia and its environs solely with the plaintiff. Defendant has likewise used the same symbol in its advertising and on its neon sign as the plaintiff has used in much of its printed matter, namely, the symbol of a golden slipper.
Members and non-members of the plaintiff organization have been confused as to the identity of the defendant and have frequently endeavored to ascertain if the plaintiff was operating the business of the defendant or had any connection with it; and on several occasions former contributors to the plaintiff organization have refused to make donations to the plaintiff because of such confusion until they learned that there was no relationship between the plaintiff and the defendant. Letters and bills intended for the ...