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SIRAGUSA v. TRAVELODGE CORPORATION

No. 21815.

352 F.2d 516 (1965)

Frank J. SIRAGUSA et al., Appellants, v. The TRAVELODGE CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

November 16, 1965.

Attorney(s) appearing for the Case

Hugh P. Carter and Jennings, Carter & Thompson, Birmingham, Ala., for appellants.

Drayton T. Scott, Birmingham, Ala., Arch R. Tuthill, John J. Waller, Los Angeles, Cal., L. Murray Alley and Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., Flint & MacKay, Los Angeles, Cal., of counsel, for appellee.

Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.

PER CURIAM.

The appellants complain of the judgment of the United States District Court for the Northern District of Alabama permanently enjoining them from using the name "TraveLodge" or any name similar thereto, in connection with any motel, motor hotel, restaurant or related activity. The appellee, The TraveLodge Corporation, instituted the litigation claiming that the appellants had violated its registered service mark and were engaged in unfair competition in...

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