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HOLINONE, INC. v. INTERNATIONAL HOLE-IN-ONE CLUB, INC.

Civ. A. No. 71-H-1063.

341 F.Supp. 1241 (1971)

HOLINONE, INC. v. INTERNATIONAL HOLE-IN-ONE CLUB, INC.

United States District Court, S. D. Texas, Houston Division.

November 30, 1971.

Attorney(s) appearing for the Case

Garrett R. Tucker, Jr., and Ronald Palmer, Baker & Botts, Houston, Tex., S. Leslie Misrock, James G. Foley and George F. Long, III, Pennie, Edmonds, Morton, Taylor & Adams, Peter J. Unger, New York City, for plaintiff.

B. R. Pravel, Pravel, Wilson & Matthews, Houston, Tex., for defendant.

MEMORANDUM AND ORDER

BUE, District Judge.

This suit is brought by plaintiff for service mark and trademark infringement and for unfair competition. Defendant has counterclaimed for cancellation of plaintiff's registration of his mark "The Hole-In-One Club", alleging that such registration was unlawfully granted, in that the combination of words so registered are merely descriptive and are not susceptible to registration, 15 U.S.C. § 1119.

Plaintiff...

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