JEWISH PUBLICATIONS v. GORDON (1949)

District Court of Appeal, Second District, Division 1, California.

JEWISH PUBLICATIONS, Inc. v. GORDON et al.

Civ. 16775.

Decided: May 16, 1949

Cummins, Goodstein & Paltun, Los Angeles, for Jewish Publications, Inc. Fred Horowitz, Los Angeles, for defendant Gordon. Joseph Friedman, Los Angeles, for other defendants.

In their petition for rehearing, respondents point out that, while they are given the right to the use of the name B'nai B'rith Record, they are compelled by the judgment ‘to publish in close proximity to the masthead of their paper the following words, ‘Official Publication of the Southern California Council of the Independent Order of B'nai B'rith Lodges.’' In this connection, they assert that since the name of their organization is, and for many years has been, ‘Southern California Council of B'nai B'rith Lodges,’ they should not be required to use that portion of the name which has been abandoned, to-wit: ‘the Independent Order of.’

It is hereby ordered that the judgment appealed from be modified as follows: Whenever the name ‘Southern California Council of the Independent Order of B'nai B'rith Lodges' appears in said judgment, that it be changed to read ‘Southern California Council of B'nai B'rith Lodges'; also, said judgment is further modified to permit respondents to use newsprint of the standard size.

As so modified, the judgment is affirmed; each party to bear its own costs on appeal.

The petitions for rehearing are denied.

PER CURIAM.

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