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HOLIDAY INNS OF AMERICA, INC. v. B & B CORPORATION

No. 17199.

409 F.2d 614 (1969)

HOLIDAY INNS OF AMERICA, INC. v. B & B CORPORATION; Emile A. Berne; Gerald L. Berne; and Anthony Bliss. B & B Corporation; Emile A. Berne and Gerald L. Berne, Appellants.

United States Court of Appeals Third Circuit.

Decided April 10, 1969.

Attorney(s) appearing for the Case

Croxton Williams, Charlotte Amalie, V. I., for appellants.

James L. Kurtz, Mason, Fenwick & Lawrence, Washington, D. C., for appellee (George H. T. Dudley, Dudley & Grunert, Charlotte Amalie, V. I., on the brief).

Before FREEDMAN, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

In 1954 the service mark "Holiday Inn" was registered in the United States Patent Office by the Holiday Inns of America, Inc. (Holiday).1 Since 1961, the appellants, who are not associated with Holiday in any respect, have operated a sixteen-room motel in Charlotte Amalie, St. Thomas, Virgin Islands, under the name of "Holiday Inn" and "Holiday Inn of St. Thomas".

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