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McDONALD'S CORPORATION v. MOORE

Civ. A. No. 3074.

243 F.Supp. 255 (1965)

McDONALD'S CORPORATION, a corporation, Plaintiff, v. Richard H. MOORE and Paul Leverett, doing business as Dixie Hamburger Company, a partnership, and Colonel Dixie Systems, Inc., a corporation, Individually and jointly, Defendants.

United States District Court S. D. Alabama, S. D.

July 15, 1965.

Attorney(s) appearing for the Case

Lyons, Pipes & Cook, Mobile, Ala., Hume, Groen, Clement & Hume, Chicago, Ill., for plaintiff.

M. A. Marsal, Mobile, Ala., for defendants.

DANIEL HOLCOMBE THOMAS, District Judge.

This action filed by the plaintiff, McDonald's Corporation, charges in five counts that the defendants have willfully engaged in a series of acts of trademark infringement and unfair competition, including (1) trademark use of a distinctive golden-arch sign and building designs which are confusingly similar to golden-arch sign and building trademarks which plaintiff has promoted throughout the United States and which

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