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STEAK & BREW, INC. v. BEEF & BREW RESTAURANT, INC.

No. RI-CIV-73-3.

370 F.Supp. 1030 (1974)

STEAK & BREW, INC., Plaintiff, v. BEEF & BREW RESTAURANT, INC. and Wesley Ling, Defendants.

United States District Court, S. D. Illinois, N. D.

February 15, 1974.

Attorney(s) appearing for the Case

William J. Voelker, Jr., Peoria, Ill., Kenneth A. Genoni and Morton Amster, New York City, for plaintiff.

John M. Nolan, Bettendorf, Iowa, for defendants.

DECISION AND ORDERS

ROBERT D. MORGAN, Chief Judge.

By its complaint herein, plaintiff seeks to enjoin defendants' further use of the name "Beef & Brew" in their operation of a restaurant located in Rock Island, Illinois. Count I of the complaint is based upon the provisions of Section 43(a) of the Lanham Trademark Act. 15 U.S.C. 1125(a). Count II is grounded upon the Illinois Trademark Statute. Ill.Rev.Stat.1973, ch. 140, § 8 et seq. Count III is...

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