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KINARK CORP. v. CAMELOT, INC.

Civ. A. No. 81-1364.

548 F.Supp. 429 (1982)

KINARK CORPORATION, A Delaware Corporation, Camelot Inns of America Corporation, a Delaware Corporation, and Camelot Inn-Little Rock, Inc., an Arkansas Corporation, Plaintiffs, v. CAMELOT, INC., a New Jersey Corporation, d/b/a Camelot Hotel/Casino, Defendant.

United States District Court, D. New Jersey.

September 14, 1982.

Attorney(s) appearing for the Case

Charles W. Heuisler, Archer, Greiner & Read, P. C., Haddonfield, N. J. and Herbert F. Kozlov, Richard J. Zakin, Skadden, Arps, Slate, Meagher & Flom, New York City, for plaintiffs.

Patrick T. McGahn, Jr., McGahn, Friss & Gindhart, Atlantic City, N. J. and Pasquale A. Razzano, Hugh C. Barrett, Maureen C. Meinert, Curtis, Morris & Safford, P. C., New York City, for defendant.

FINDINGS OF FACT and CONCLUSIONS OF LAW

BROTMAN, District Judge.

This is an action for service mark infringement and unfair competition. Claims for relief are pleaded under §§ 32(1) and 43(a) of the Lanham Act of 1946, as amended (hereinafter, "the Lanham Act"), 15 U.S.C. §§ 1114(1), 1125(a), as well as under the common law. Plaintiffs claim to be the owners of two federally registered service marks, CAMELOT INN and CAMELOT, which they...

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