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CONTINENTAL MOTORS CORP. v. CONTINENTAL AVIATION CORP.

No. 22838.

375 F.2d 857 (1967)

CONTINENTAL MOTORS CORPORATION and Continental Aviation and Engineering Corporation, Appellants, v. CONTINENTAL AVIATION CORP., Appellee.

United States Court of Appeals Fifth Circuit.

April 4, 1967.

Attorney(s) appearing for the Case

Milton M. Ferrell, J. M. Flowers, Miami, Fla., for appellants.

Kenneth L. Ryskamp, Bolles, Goodwin & Ryskamp, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and BROWN and GODBOLD, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is an action for trademark infringement in which Continental Motors1 appeals the District Court's refusal to enjoin use by Continental Aviation2 of the name "Continental" alone or together with the word "Aviation" in connection with the sale or advertising of the Florida concern's goods and services. The original complaint also included a claim for damages under principles...

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