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TURNER v. H M H PUBLISHING COMPANY

No. 24039.

380 F.2d 224 (1967)

Othal L. TURNER and On-The-Town, Inc., d/b/a Atlanta's Playboy Club, Appellants, v. H M H PUBLISHING COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

July 10, 1967.

Attorney(s) appearing for the Case

Henry M. Hatcher, Jr., Hatcher, Meyerson, Oxford & Irvin, Atlanta, Ga., for appellants.

David J. Krupp, Chicago, Ill., Hoke Smith, Atlanta, Ga., Devoe, Shadur, Mikva & Plotkin, Chicago, Ill., Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., for appellees. Dressler, Goldsmith, Clement & Gordon, Chicago, Ill., of counsel.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

AINSWORTH, Circuit Judge:

HMH Publishing Company, Inc. (H MH) and Playboy Clubs International, Inc. (International), Delaware corporations, both with principal place of business in Chicago, Illinois, as plaintiffs, brought this suit against Othal L. Turner and On-The-Town, Inc., d/b/a Atlanta's Playboy Club, Georgia citizens, defendants, to enjoin the use of plaintiffs' trade and service marks by defendants in their operation of a night club and restaurant known as...

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