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FAMILY MOTOR INN, INC. v. L-K ENTERPRISES DIV. CON. F. CORP.

Civ. No. 1695.

369 F.Supp. 766 (1973)

FAMILY MOTOR INN, INC., Plaintiff, v. L-K ENTERPRISES DIVISION CONSOLIDATED FOODS CORPORATION, Defendant.

United States District Court, E. D. Kentucky, Covington Division.

August 2, 1973.

Attorney(s) appearing for the Case

Harry L. Riggs, Jr., Erlanger, Ky., for plaintiff.

Philip Taliaferro, Covington, Ky., Richard H. Compere, Chicago, Ill., for defendant.

MEMORANDUM

SWINFORD, District Judge.

This unfair competition action was commenced in Kenton Circuit Court and removed to this court pursuant to 28 U.S.C. § 1441(a). The dispute involves the parties' mutual use of the term "family" in connection with the operation of restaurants in the same locale. Attacking defendant's use of the term as a public deception and exploitation of plaintiff's good-will, the complaint seeks injunctive relief and unspecified...

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