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SEARS, ROEBUCK AND CO. v. ALLSTATE DRIVING SCHOOL, INC.

No. 64-C-1105.

301 F.Supp. 4 (1969)

SEARS, ROEBUCK AND CO., and Allstate Insurance Company, Plaintiffs, v. ALLSTATE DRIVING SCHOOL, INC., Defendant.

United States District Court E. D. New York.

June 5, 1969.

Attorney(s) appearing for the Case

Sprague, Dwyer, Aspland & Tobin, Mineola, N. Y., for plaintiffs, John E. Regan, Burton T. Ryan, New York City, of counsel.

Nicholas A. Clemente, Brooklyn, N. Y., for defendant.

ZAVATT, Chief Judge.

Plaintiffs seek an order "permanently enjoining the defendant from using the name `Allstate' or any imitation thereof, in connection with its business." The first cause of action is brought by both plaintiffs. Relief is requested under the Lanham Act, specifically 15 U.S.C. § 1114(1),1 for infringement of plaintiffs' marks and for common law unfair competition. The court has jurisdiction to hear these claims by...

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