Jewish Publications, Inc. v. Gordon

California Court of Appeal Apr 21, 1949 No. Civ. 16775Published

Before: Drapeau

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Holding. The court affirmed the trial court's judgment allowing both the plaintiff to continue using the name 'B’nai B’rith' for its newspaper and the defendants to use the name 'B’nai B’rith Record' for their official publication, subject to specific formatting and disclosure requirements. The court held that both parties had established rights to use the name, as the plaintiff had acquired a vested interest through long-term usage and the defendants possessed the inherent right to use their own fraternal organization's name.

Issues

Whether the plaintiff acquired an exclusive right to use the name 'B’nai B’rith' for its newspaper through long-term usage.
Whether the defendant fraternal organization has the right to use its own name for its official publication despite the plaintiff's prior usage.
Whether the trial court's conditions regarding the format and disclosure requirements for the defendants' publication were reasonable.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“Therefore the judgment of the trial court permitting it to use its own name in connection with its own official publications was proper.”

“Therefore, the judgment of the trial court permitting the Messenger to retain the words B’nai B’rith as part of its name was proper.”

“The conditions of the judgment with respect to the subscription lists, masthead and format of the Record, are reasonable and proper under the circumstances in this case.”

DRAPEAU, J.

Jewish Publications, Incorporated, is a California corporation engaged in publishing a Jewish newspaper named B’nai B’rith Messenger. This paper has been published by plaintiff and its predecessors since April, 1898. It is a weekly of general circulation, principally read by people of the Jewish race.

The defendants are members of a Jewish fraternal organization named B’nai B’rith. As such members of the order, and in consequence of authority from the Grand Lodge of the order, they were about to commence the publication of a monthly newspaper to be named B’nai B’rith Record, to be circulated among members of the order locally in the Los Angeles area, when the plaintiff brought the action now under review to enjoin the use by the defendants of the name proposed.

The trial court adjudged that the Record had the right to use the name B ’nai B ’rith Record, but limited its subscription lists to members of the order and auxiliary organizations thereof, and to advertisers, present and prospective. The judgment also required the Record to publish at its masthead the words “Official Publication of the Southern California Council of the Independent Order of B’nai B’rith Lodges,” and to use a size of sheet and type of masthead which will not resemble the present general appearance of the Messenger.

[378]

The judgment also restrained the plaintiff from asserting in the Messenger that that paper has any connection with B’nai B’rith or its auxiliaries.

Both plaintiff and defendants have appealed from the judgment. Each party seeks to have the other enjoined from using the words “B’nai B’rith” in any manner, and defendants are dissatisfied with the restrictions and conditions in the judgment applicable to the Record.

Fraternal organizations are essentially part and parcel of American life. They spring from deep-rooted needs of men and women for human companionship and brotherhood. As such they are to be commended and as such they are entitled to protection of their names. Since 1933, by statute the State of California has forbidden the use of names of fraternal societies by anyone not entitled to do so under the constitution, by-laws or rules of the society. (Stats. 1933, p. 1037; 1 Deering’s Gen. Laws, Act 692, p. 326.)

Jewish Publications, Inc. v. Gordon

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DRAPEAU, J.

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THE COURT.

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