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RED LOBSTER INNS, INC. v. NEW ENGLAND OYSTER HOUSE, INC.

No. (FL) 73-122-Civ-CF.

378 F.Supp. 1144 (1974)

The RED LOBSTER INNS OF AMERICA, INC., a corporation, Plaintiff, v. NEW ENGLAND OYSTER HOUSE, INC., a corporation, Defendant.

United States District Court, S. D. Florida.

July 15, 1974.

Attorney(s) appearing for the Case

Eugene L. Heinrich of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, Fla., Dean A. Olds and Richard H. Compere of Hume, Clement, Brinks, Willian, Olds & Cook, Ltd., Chicago, Ill., Harold D. Jastram, Minneapolis, Minn., and George T. Williams, Orlando, Fla., for plaintiff.

Harry G. Carratt of Morgan, Carratt & O'Connor, Fort Lauderdale, Fla., for defendant.

ORDER

FULTON, Chief Judge.

Plaintiff, The Red Lobster Inns of America, Inc., brought this action for a declaratory judgment that: (1) no conflict exists between plaintiff's use of the name "Red Lobster" and design and defendant's use of "New England Oyster House" and design; (2) Plaintiff has the right to use a picture of a lobster in connection with its restaurant operations; (3) Plaintiff's federal registration No. 965,272 is valid; and (4) Defendant's...

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