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ZIMMERMAN v. HOLIDAY INNS OF AMER., INC.

438 Pa. 528 (1970)

Zimmerman et al., Appellants, v. Holiday Inns of America, Inc. et al., Appellants.

Supreme Court of Pennsylvania.

May 28, 1970.

Attorney(s) appearing for the Case

Harold R. Schmidt, with him Thomas E. Boettger, and Rose, Schmidt and Dixon, for plaintiffs.

James L. Kurtz, with him William H. Webb, William H. Logsdon, and Webb, Burden, Robinson & Webb, and Mason, Fenwick & Lawrence, for defendants.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, May 28, 1970:

This is an action in equity wherein the plaintiffs seek to enjoin defendants from alleged unfair competition by their use of the name "Holiday Inn" in rendering motel, hotel and restaurant services within a geographical area of Pennsylvania. It also involves a counterclaim wherein the defendants petition to restrain the plaintiffs from alleged unfair competition through plaintiffs' use of "Holiday Inn" as a dominant feature...

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