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LINCOLN RESTAURANT CORP. v. WOLFIES REST., INC.

Civ. A. No. 16936.

185 F.Supp. 454 (1960)

LINCOLN RESTAURANT CORP. and Collins Restaurant Corp., doing business as a joint venture under the firm name and style of Wolfies and Wolfies Twenty-First Street Restaurant, Inc., Plaintiffs, v. WOLFIES REST., INC., Defendant.

United States District Court E. D. New York.

June 16, 1960.

Attorney(s) appearing for the Case

Shapiro, Gubman & Sitomer, New York City, by Joseph Gubman, New York City, of counsel, for plaintiffs.

Raphael, Searles, Levin & Vischi, New York City, by Joseph A. Solovei, Brooklyn, N. Y., of counsel, for defendant.

BYERS, District Judge.

This is an unfair competition case in which plaintiffs, two Florida restaurant corporations conducted as a joint venture, seek to enjoin the defendant, a New York restaurant corporation, from using the name "Wolfies" in any manner. Thus it is a true diversity case.

The circumstances are unusual in that the parties are not in direct competition, since they operate in areas so widely separated as Miami Beach (and perhaps other places)...

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