THOMAS C. MARSHALL, INC. v. HOLIDAY INN, INC.


174 A.2d 27 (1961)

THOMAS C. MARSHALL, INC., Plaintiff, v. HOLIDAY INN, INC., Defendant and Third-Party-Plaintiff, v. DUTCH PANTRY OF DELAWARE, INC., a Delaware corporation, Third-Party-Defendant.

Court of Chancery of Delaware, New Castle.

September 22, 1961.


Attorney(s) appearing for the Case

William Poole and Hugh Corroon of Berl, Potter & Anderson, Wilmington, and Boynton P. Livingston, of Mason, Fenwick & Lawrence, Washington, D. C., for plaintiff.

Alfred M. Isaacs, of Flanzer & Isaacs, Wilmington, for defendant and third-party-plaintiff.

Alexis I. duPont Bayard, of Herrmann, Bayard, Brill & Gallagher, Wilmington, for third-party-defendant.


MARVEL, Vice Chancellor.

Plaintiff, the owner of a recently constructed motel at 4000 Concord Pike in Brandywine Hundred, initiated proceedings in this case by filing a complaint in which it sought a declaratory judgment to the effect that plaintiff's use of the trade name Holiday Inn of America Motel (a right granted plaintiff under a license agreement with Holiday Inns of America, Inc.) does not constitute an infringement of defendant's proprietary interests in...

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