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JERRICO, INC. v. JERRY'S, INC.

No. 72-1750-Civ-CF.

376 F.Supp. 1079 (1974)

JERRICO, INC., etc., Plaintiff, v. JERRY'S, INC., etc., Defendant.

United States District Court, S. D. Florida.

May 22, 1974.

Attorney(s) appearing for the Case

Ira H. Leesfield, Frates, Floyd, Pearson, Stewart, Proenza & Richman, P. A., Miami, Fla., and Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio, for plaintiff.

Karl V. Hart, Shutts & Bowen, Miami, Fla., and Robert S. Swecker, Burns, Doane, Swecker & Mathis, Washington, D. C., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

FULTON, Chief Judge.

Plaintiff, Jerrico, Inc., has registered with the United States Patent Office the marks "JERRY'S DRIVE-IN"1 and "JERRY'S RESTAURANT"2 for restaurant services. Both registrations are in full force and effect and are retroactive to the dates of issuance. Plaintiff initiated this action against defendant, Jerry's, Inc...

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