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TRAVELODGE CORPORATION v. SIRAGUSA

Civ. A. No. 10303.

228 F.Supp. 238 (1964)

The TRAVELODGE CORPORATION, Plaintiff, v. Frank J. SIRAGUSA et al., Defendants.

United States District Court N. D. Alabama, S. D.

April 3, 1964.

Attorney(s) appearing for the Case

Drayton T. Scott, L. Murray Alley, of Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., and Arch R. Tuthill and John J. Waller, of Flint & MacKay, Los Angeles, Cal., for plaintiff.

Jennings, Carter & Thompson, and Hugh P. Carter, Birmingham, Ala., for defendants.

LYNNE, Chief Judge.

Complaining of a violation by defendants of its registered service mark and of unfair competition on their part in the use of the mark as hereinafter described, plaintiff prays for an injunction against the continued use by defendants of such mark. Alleging their use of such mark in Alabama prior to plaintiff and acquisition thereby of the right to the exclusive use thereof within the State of Alabama, and further, fraud by the plaintiff in procurement...

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