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COFFEE DAN'S, INC. v. COFFEE DON'S CHARCOAL BROILER

No. 51858.

305 F.Supp. 1210 (1969)

COFFEE DAN'S, INC., a corporation, Plaintiff, v. COFFEE DON'S CHARCOAL BROILER, a corporation, Defendant.

United States District Court N. D. California.

October 22, 1969.

Attorney(s) appearing for the Case

Herzig & Walsh, Albert M. Herzig, Hamer H. Jamieson, Thelma S. Herzig, Beverly Hills, Cal., Fryer, Tjensvold, Feix, Phillips & Lempio, Chas. M. Fryer and Joseph L. Strabala, San Francisco, Cal., for plaintiff.

Mellin, Hursh, Moore & Weissenberger, Jack E. Hursh, Robert W. Dilts, San Francisco, Cal., for defendant.

MOTION FOR PRELIMINARY INJUNCTION OPINION AND ORDER

GERALD S. LEVIN, District Judge.

Pursuant to 28 U.S.C. § 1338, plaintiff sues for alleged infringement by defendant of the service mark, "Coffee Dan's" registered under the laws of the United States (15 U.S.C. §§ 1051-1127), for alleged unfair competition by defendant, and for an injunction, damages and accounting.

Plaintiff Coffee Dan's, Inc., ("Coffee Dan's") is a California corporation...

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