HOLIDAY INNS, INC. v. HOLIDAY OUT IN AMERICA

No. 72-2830.

481 F.2d 445 (1973)

HOLIDAY INNS, INC., Plaintiff-Appellant, v. HOLIDAY OUT IN AMERICA and Holiday Out in America at St. Lucie, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 11, 1973.


Attorney(s) appearing for the Case

James L. Kurtz, Washington, D. C., Richard A. Zachar, Chicago, Ill., Theodore P. Mavrick, Fort Lauderdale, Fla., James B. St. John, Jr., Liskow & Lewis, New Orleans, La., for plaintiff-appellant.

Karl Vance Hart, Miami, Fla., Robert S. Swecker, Washington, D. C., for defendants-appellees.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.


ESTES, District Judge:

Plaintiff, Holiday Inns, Inc. (hereinafter Holiday Inn), seeks damages and injunctive relief against the defendants, Holiday Out in America and Holiday Out in America at St. Lucie, Inc., for using the service marks Holiday Out, Holiday Out in America, and The Nation's Campground in connection with their campground services business.

Holiday Inn has an international reputation for operating a chain of uniformly high-quality motels, of...

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