LYON v. QUALITY COURTS UNITED

No. 13061.

249 F.2d 790 (1957)

Lloyd B. LYON, Quality Courts United, Inc., Appellants, v. QUALITY COURTS UNITED, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

November 26, 1957.


Attorney(s) appearing for the Case

Donal E. Hummer, Toledo, Ohio, and James E. Mitchell, Youngstown, Ohio (Osborne Mitchell, Mitchell, Mitchell & Reed, Youngstown, Ohio, Marshall, Melhorn, Bloch & Belt, Toledo, Ohio, on the brief), for appellants.

John J. Trenam, Tampa, Fla., and Raymond L. Crawford, Toledo, Ohio (LeRoy E. Eastman and Eastman, Stichter & Smith, Toledo, Ohio, Fowler, White, Gillen, Yancey & Humkey, Tampa, Fla., on the brief), for appellee.

Before McALLISTER, MILLER and STEWART, Circuit Judges.


STEWART, Circuit Judge.

The defendants have appealed from a summary judgment enjoining them from using the plaintiff's trade marks and trade name to describe or advertise their business.1 The following facts, as disclosed by the pleadings, exhibits and depositions filed in the district court, are undisputed.

The plaintiff, Quality Courts United, Inc., is a nonprofit membership corporation, organized in 1941 under the laws of Florida...

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