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GULF COAST COMMERCIAL v. GORDON RIVER HOTEL ASSOC.

Civ.A. No. 2:05cv564-MMH-SPC.

508 F.Supp.2d 1157 (2007)

GULF COAST COMMERCIAL CORP., d/b/a Inn on Fifth, a Florida corporation, Plaintiff, v. GORDON RIVER HOTEL ASSOC., a Florida General Partnership, d/b/a Bayfront Inn on Fifth, and/or alternatively d/b/a Bayfront Inn on 5th, Timothy G. Youngquist, as a General Partner and Individually, Harvey B. Youngquist, as a General Partner and Individually, Trista S. Youngquist, as a Domain Name Registrant and Individually, Comfort Inn & Marina Downtown, an unknown business entity, and Various John Does, Jane Does, and ABC and ABC Companies, Defendants.

United States District Court, M.D. Florida, Ft. Myers Division.

June 7, 2007.

Attorney(s) appearing for the Case

Andrew Ignatius Solis, Cohen & Grigsby, PC, Naples, FL, Frederick L. Tolhurst, Mark A. Grace, Thomas C. Wettach, Cohen & Grigsby, PC, Pittsburgh, PA, for Plaintiff.

Michael Gay, Foley & Lardner, LLP, Orlando, FL, Jeremy Michael Thompson, Bonnier Corporation, Winter Park, FL, for Defendants.

MEMORANDUM

WISEMAN, Senior District Judge.

Plaintiff Gulf Coast Commercial Corp. ("Gulf Coast") filed its Verified Complaint against Defendant Gordon River Hotel Associates ("Gordon River") on November 29, 2005 and its Amended Complaint on May 10, 2006 alleging Gordon River unfairly competed by using the "Bayfront Inn on Fifth" mark, thereby infringing on Gulf Coast's "The Inn on Fifth" service mark.1 (Doc. No. 86.) On...

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