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DE CARLUCCI v. GRANULITE, INCORPORATED

No. 5245.

171 So.2d 587 (1965)

John DE CARLUCCI, Vera De Carlucci and Patricia Shadgett, individually and as officers of Garnetlite, Inc., a Florida corporation, and Garnetlite, Inc., a Florida corporation, Appellants, v. GRANULITE, INCORPORATED, a Florida corporation, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied February 22, 1965.

Attorney(s) appearing for the Case

Paul S. Buchman, Plant City, for appellants.

Britt Whitaker, of Pat Whitaker, Sr., Brother & Sons, Tampa, for appellee.

SHANNON, Judge.

On March 10, 1964, the plaintiff filed a complaint which sought to permanently enjoin the defendants from imitating the plaintiff's trade name, product and advertising, and also for damages. On May 28, 1964, the plaintiff filed a petition for a temporary restraining order without notice, and that day the lower court issued the same which enjoined the defendants from using the name "Garnetlite" or any other name simulating that of the plaintiff and...

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