TISCH HOTELS, INC. v. AMERICANA INN, INC.

No. 14817.

350 F.2d 609 (1965)

TISCH HOTELS, INC., Americana Hotel Operating Corporation, Plaintiffs-Appellants, v. AMERICANA INN, INC., Americana Motor Courts, Inc., Americana Catering Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 14, 1965.


Attorney(s) appearing for the Case

Robert S. Hunt, Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., Jay H. Topkis, Neale M. Albert, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for appellants.

Benjamin M. Becker, Bernard Savin, Ronald N. Mora, Becker & Savin, Chicago, Ill., for appellees.

Before HASTINGS, Chief Judge, and CASTLE and KILEY, Circuit Judges.


KILEY, Circuit Judge.

This appeal presents the question whether plaintiffs are entitled to injunctive relief based on alleged trademark infringement and unfair competition by reason of defendants' adoption and use, without consent, of plaintiffs' registered service mark "Americana". The district court's findings and judgment were against plaintiffs. We reverse.

Plaintiffs own and operate a number of hotels, three of them bearing the name "Americana". They...

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