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ABNER'S INTERNATIONAL, INC. v. ABNER'S BEEF HOUSE CORP.

No. 68-827.

220 So.2d 683 (1969)

ABNER'S INTERNATIONAL, INC., a Florida Corporation, Appellant, v. ABNER'S BEEF HOUSE CORPORATION, a Florida Corporation; Abner's Roast Beef, Inc., a Florida Corporation; Abner's Restaurant Corporation, a Florida Corporation; and Lum's Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 15, 1969.

Attorney(s) appearing for the Case

Shutts & Bowen and Thomas Tew, Miami, for appellant.

Smith & Mandler, and Joe N. Unger, Miami Beach, for appellees.

Before CHARLES CARROLL, C.J., and BARKDULL and HENDRY, JJ.

BARKDULL, Judge.

The appellant brought an action, pursuant to Ch. 495, Fla. Stat., F.S.A., seeking injunctive relief and damages against the appellees, alleging infringement by the defendants of the plaintiff's exclusive right to use a service mark in connection with plaintiff's business, a portion of which was being used by the defendants in connection with their business, to wit: "Abner's". The defendants answered and...

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