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HURRICANE FENCE CO. v. A-1 HURRICANE FENCE CO.

Civ. A. No. 77-573-H.

468 F.Supp. 975 (1979)

HURRICANE FENCE COMPANY et al., Plaintiffs, v. A-1 HURRICANE FENCE COMPANY, INC., et al., Defendants, Counter-Claimants, and Third-Party Plaintiffs, v. SARALAND FENCE COMPANY, Third-Party Defendant, Counter-Claimant, and Cross-Claimant.

United States District Court, S. D. Alabama, S. D.

March 11, 1979.

Attorney(s) appearing for the Case

Michael A. Andrews, Houston, Tex., and Michael D. Knight, Mobile, Ala., for plaintiffs.

William H. McDermott, Mobile, Ala., and James D. Halsey, Jr., Washington, D. C., for A-1 Hurricane Fence Co.

Sidney H. Schell, Mobile, Ala., for Pete Hutchins.

HAND, District Judge.

This is trademark infringement action that questions the aggressiveness with which a trademark owner is to be expected to protect its mark. The plaintiffs contend that the defendants have infringed upon the trademark "Hurricane" and the "blowing man" logo through continued usage of the trademark and logo without permission from the trademark owners, and the plaintiffs seek injunctive relief restraining the defendants from further utilization...

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