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COCA-COLA COMPANY v. KELLY'S TAUNTON AVENUE, INC.

Civ. A. No. 4039.

308 F.Supp. 308 (1970)

The COCA-COLA COMPANY, a corporation, Plaintiff, v. KELLY'S TAUNTON AVENUE, INC., Kelly's Broad Street, Inc., Kelly's Olneyville, Inc., Kelly's North Main Street, Inc., Kelly's Warwick, Inc., and T. Anthony Ryan, Individually and as President of the Foregoing Corporations and Vincent J. Ryan, Individually and as Secretary and Treasurer of the Foregoing Corporations, Defendants.

United States District Court D. Rhode Island.

January 8, 1970.

Attorney(s) appearing for the Case

Guy J. Wells, of Hinckley, Allen, Salisbury & Parsons, Providence, R. I., Julius Lunsford, Jr., Atlanta, Ga., for plaintiff.

Owen P. Reid and Edward J. Regan, of Graham, Reid, Ewing & Stapleton, Providence, R. I., for defendants.

OPINION

DAY, Chief Judge.

In this action the plaintiff seeks injunctive relief against each of the defendants and an accounting of profits allegedly made by each of them, attorneys' fees and costs. Jurisdiction of this Court is based upon the provisions of the trade-mark laws of the United States, viz: The Trade-Mark Act of July 5, 1946; 60 Stat. 427; 15 U.S.C. § 1051, 28 U.S.C. § 1338 and upon the provisions of 28 U.S.C. § 1332.

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