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PETERS v. MACHIKAS

378 Pa. 52 (1954)

Peters, Appellant, v. Machikas.

Supreme Court of Pennsylvania.

June 2, 1954.

Attorney(s) appearing for the Case

Joseph Rappaport, with him Samuel Blank and Rappaport, Lagakos & Blank, for appellant.

Horace M. Barba, with him Barba & Eiseman, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, June 2, 1954:

Platon Peters, an individual trading under the fictitious name of "Majestic Restaurant" which is located at 2442 Kensington Avenue, Philadelphia, filed a complaint in equity to restrain defendants, who are also engaged in the restaurant business at 3171 Kensington Avenue, Philadelphia, from using the trade name of "Majestic Grille". Defendants' restaurant is on the same street as plaintiff's, approximately 7 blocks away....

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