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PETER PAN RESTAURANTS v. PETER PAN DINER

Civ. A. No. 1860.

150 F.Supp. 534 (1957)

PETER PAN RESTAURANTS, Inc., v. PETER PAN DINER, Inc.

United States District Court D. Rhode Island.

April 5, 1957.

Attorney(s) appearing for the Case

Daniel Jacobs, Levy, Carroll & Jacobs, Providence, R. I., for plaintiff.

Elliot A. Salter, Providence, R. I., for defendant.

DAY, District Judge.

The plaintiff seeks relief against the defendant's alleged infringement of the plaintiff's federally registered service mark "Peter Pan" for a restaurant service and against its alleged unfair competition. The jurisdiction of this Court is invoked under the provisions of Title 28 U.S.C.A. §§ 1332(a) and 1338(a) and (b).

The parties have stipulated as to certain facts and the plaintiff presented the testimony of one of its officers...

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