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KAWASAKI MOTORS CORP., U. S. A. v. FINAN

No. 78-1405 Summary Calendar.

577 F.2d 941 (1978)

KAWASAKI MOTORS CORP., U. S. A., a Delaware Corporation, Plaintiff-Appellee, v. Joseph A. FINAN d/b/a House of Kawasaki, and also d/b/a Cycle World, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 2, 1978.

Attorney(s) appearing for the Case

Levine, Freedman & Hirsch, Arnold D. Levine, Tampa, Fla., for defendant-appellant.

Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Peter J. Winders, Tampa, Fla., for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

PER CURIAM:

Defendant-appellant had, prior to the times material to this case, been a franchised Kawasaki motorcycle dealer. The dealer operated under a written franchise, paragraph 7 of which provided:

"7. KAWASAKI TRADEMARKS AND TRADE NAMES Distributor is exclusively entitled to the use of the word `KAWASAKI' and to the use of all trade names and trademarks used in connection with the products and the...

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