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

No. 72-1812. Summary Calendar.

466 F.2d 504 (1972)

HOLINONE, INC., Plaintiff-Appellant, v. INTERNATIONAL HOLE-IN-ONE CLUB, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 28, 1972.

Attorney(s) appearing for the Case

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

B. R. Pravel, John H. Dodge, II, Pravel, Wilson & Matthews, Houston, Tex., for defendant-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

In this trademark and unfair competition case, Holinone, Inc. appeals from the district court's denial of a preliminary injunction, 341 F.Supp.1241, D.C. We affirm.

Holinone began using the name "The Hole-in-One Club" in connection with sponsoring golfing events and related services for members. The name was subsequently registered as a trademark. It has also been used to identify golf balls, playing cards and other goods promoted and distributed...

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