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GILBERT/ROBINSON, INC. v. CARRIE BEVERAGE-MISSOURI, INC.

No. 85-2471 C (5).

758 F.Supp. 512 (1991)

GILBERT/ROBINSON, INC., Plaintiff, v. CARRIE BEVERAGE-MISSOURI, INC., and Carrie Beverage, Inc., Defendants.

United States District Court, E.D. Missouri, E.D.

February 28, 1991.

Attorney(s) appearing for the Case

David C. Hilliard, John Bostjancich, Pattishall, McAuliffe & Hofstetter, Chicago, Ill., Thomas C. Walsh, St. Louis, Mo., for plaintiff.

Allan & Malone, James F. Malone, St. Louis, Mo., Rogers, Howell, Moore & Haferkamp, Richard E. Haferkamp, Clayton, Mo., for defendants.

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiff Gilbert/Robinson, owner of HOULIHAN'S restaurants, initiated this action alleging service mark infringement, unfair competition and dilution based on defendants Carrie Beverage-Missouri, Inc. and Carrie Beverage Inc.'s (Carrie Beverage or defendants) use of the service mark MIKE HOULIHAN'S on their bars. Plaintiff's complaint was tried before this Court sitting without a jury and the Court, having considered...

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