COIT DRAPERY CLEANERS, INC. v. COIT DRAPERY CLEANERS OF N. Y., INC.

No. 75 C 2158.

423 F.Supp. 975 (1976)

COIT DRAPERY CLEANERS, INC., a California Corporation, and Louis J. Kearn, an Individual, Plaintiffs, v. COIT DRAPERY CLEANERS OF NEW YORK, INC., a New York Corporation, et al., Defendants.

United States District Court, E. D. New York.

June 2, 1976.


Attorney(s) appearing for the Case

Kenyon & Kenyon Reilly Carr & Chapin, New York City, for plaintiffs; Paul Lempel, New York City, of counsel.

Geraldine D. Santangelo, Brooklyn, N. Y., for defendants.


MEMORANDUM OF DECISION

MISHLER, Chief Judge.

Plaintiff, Coit Drapery Cleaners, Inc., franchisor and owner of the trade name Coit Drapery Cleaners and the registered service marks "Coit" and "Tower Design,"1 moves to enjoin the defendant franchisee from using the name and marks,2 claiming that the defendants have breached the franchise agreement in failing to pay franchise fees due under the agreement...

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