Suit Opens* i .•' •••■. * ’'FirmAsks VerdictBISMARCK; N.D, — ,T _ Fhe bone oI contention in a awsuit in U. S. District Court iere- is a double-decker • ham* jurger sandwich.Robert C. Wian Enterprises,[nc., ol Glendale, has directed he suit alleging trademark infringement ot tlie “Big Boy” lame ar.d emblem in the resell rant business against Har-ey McDowell, individually and is operator of a Bismarck eating place-known as the Big Boy Drive-In. . ; .The California: concern ah leges it holds, t V axl e m a r k' lights to “Big Boy” as .applied lo sandwiches in the rcstau-1 rant business on the grbund .hat Robert C.. Wian. ol 'denial e, the concern's predecessor, in 1936 developed a new type of double-deck, sahdwieh, mailed it '’Big Boy” and regis* tered a trademark to that effect,In 1946, the complaint says, Wian formed n corporation which acquired his priy at e restan rant; business and by 1956 had developed a chain of 12 Big Boy eating places In Southern (jalifor-rdt that did a $5*million business.In recent years, the complaint continues, the corpora-Liori has granted franchises to F Lise the Big Boy name. It al* V leges McDowell in 1954, with- tl 3Ut ils leave; established the B Big Boy Drive-In here and be* cl 2an selling a double-deck ham- w burger sandwich he called Big Boy. SThe corporation asks theA court to restrain him from lc further use. of the- Big ,Boy n name in his business, that he be required to report profits from sale of. products under I he Big Boy name, and that it have judgment for that amount.