WIENER KING, INC. v. WIENER KING CORP.

Civ. No. 75-1018.

407 F.Supp. 1274 (1976)

WIENER KING, INC., Plaintiff, v. The WIENER KING CORPORATION et al., Defendants.

United States District Court, D. New Jersey.

January 9, 1976.


Attorney(s) appearing for the Case

Bain, Gilfillan & Rhodes, Newark, N. J., for plaintiff.

McCarter & English, Newark, N. J., for defendants.


MEMORANDUM OPINION

LACEY, District Judge:

This action involves the respective rights of the parties to certain trade and service marks and the interaction of the common law of trademarks with the Lanham Act (15 U.S.C. Sec. 1051 et seq.).

Plaintiff, a New Jersey corporation (WKNJ), has its principal place of business in Flemington, New Jersey, where since 1962 it has operated a restaurant facility under the name "Weiner King," (N.B. "ei"),...

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