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GENNY'S DINER & PUB, INC. v. SWEET DADDY'S, INC.

Civ. A. No. C92-0796-L(H).

812 F.Supp. 744 (1993)

GENNY'S DINER & PUB, INC., Plaintiff, v. SWEET DADDY'S, INC., Defendant.

United States District Court, W.D. Kentucky, Louisville Division.

February 5, 1993.

Attorney(s) appearing for the Case

Jack Wheat, Louisville, KY, for plaintiff.

Donald Heavrin, Louisville, KY, for defendant.

MEMORANDUM OPINION

HEYBURN, District Judge.

This matter is before the Court on the motion of Plaintiff for a preliminary injunction. Plaintiff claims that Defendant's use of the mark "Sweet Daddy" constitutes unfair competition under federal and state law and service mark infringement of Plaintiff's state registration. In accordance with Rule 65, the Court will consolidate its consideration of the preliminary injunction with the merits of the equitable claim...

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