BOMANN GOLF, INC. v. COSMOS INDUSTRIES, INC.

No. 71-1864.

459 F.2d 1090 (1972)

BOMANN GOLF, INC., Plaintiff-Appellee, v. COSMOS INDUSTRIES, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 9, 1972.


Attorney(s) appearing for the Case

Richard L. Horn, Allan Milledge, Milledge & Horn, Miami, Fla., for defendants-appellants.

Paul F. Gerson, Miami Beach, Fla., Arent, Fox, Kintner, Plotkin & Kahn, John M. Bray, Burton A. Schwalb, Washington, D. C., for plaintiff-appellee.

Before PHILLIPS, THORNBERRY and RONEY, Circuit Judges.


THORNBERRY, Circuit Judge:

Defendants appeal from a preliminary injunction entered by the district court pursuant to the Florida Deceptive Trade Practices Act, Fla.Stat. § 817.71, F.S.A. The facts, as found by the district court and supported by substantial evidence, are set out below.

Plaintiff, a Florida corporation, is a manufacturer and seller of golf equipment. In 1968, plaintiff began advertising its specialized...

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