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HOLIDAY INNS, INC. v. HOLIDAY OUT IN AMERICA

No. 70-1533-Civ.

351 F.Supp. 537 (1972)

HOLIDAY INNS, INC., Plaintiff, v. HOLIDAY OUT IN AMERICA, and Holiday Out in America at St. Lucie, Inc., Defendants.

United States District Court, S. D. Florida, Miami Division.

June 20, 1972.

Attorney(s) appearing for the Case

James L. Kurtz, Washington, D. C. and Theodore P. Mavrick, Fort Lauderdale, Fla., for plaintiff.

Robert S. Swecker, of Burns, Doane, Swecker & Mathis, Washington, D. C. and Karl V. Hart, of Shutts & Bowen, Miami, Fla., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ATKINS, District Judge.

I.

INTRODUCTION

Plaintiff, Holiday Inns, Inc., filed this civil action under 28 U.S.C. § 1338 seeking injunctive relief and damages under the laws of the United States and Florida for service mark infringement and unfair competition. Plaintiff also charges the defendants with deceptive trade practice, injury to its business...

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