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HOT SHOPPES, INC. v. HOT SHOPPE, INCORPORATED

No. C-128-G-57.

203 F.Supp. 777 (1962)

HOT SHOPPES, INC., and Wendover Properties, Inc., Plaintiffs, v. The HOT SHOPPE, INCORPORATED, Richard G. Apple, Howard S. Apple, Herbert T. Apple, t/a Hot Shoppe, John Tevas, t/a Hot Shoppe, W. W. Ledbetter, and Odessa Ledbetter, t/a Dixie Hot Shoppe, John Angel, t/a Dixie Hot Shoppe, Defendants, and Gus G. Pauls, Helen G. Pauls and Colonial Fixtures Manufacturing Company, Additional Defendants.

United States District Court M. D. North Carolina, Greensboro Division.

March 28, 1962.

Attorney(s) appearing for the Case

Francis C. Browne, Washington, D. C., and Armistead W. Sapp, Greensboro, N. C., for plaintiffs.

Stedman H. Hines, Greensboro, N. C., and Arthur O. Cooke, Greensboro, N. C., for defendants.

L. RICHARDSON PREYER, District Judge.

This is a case in which a corporation doing business across a wide section of the eastern seaboard expands into an area where a local firm is using a similar trade name. The national user — the plaintiff in this case — seeks to bar the local user from using the name.1 The local user contends that it is the prior user in the locality and is entitled to concurrent use of the name under...

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