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ARMAND'S SUBWAY, INC. v. DOCTOR'S ASSOCIATES, INC.

Nos. 78-1616, 78-1617.

604 F.2d 849 (1979)

ARMAND'S SUBWAY, INC., Appellant-Cross-Appellee, v. DOCTOR'S ASSOCIATES, INC. and Mr. and Mrs. Robert J. Galliano, Appellees-Cross-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1979.

Attorney(s) appearing for the Case

James L. Kurtz, Washington, D. C. (Alvin L. Newmyer and Howard A. Libby, Washington, D. C., on brief), for appellant and appellee Armand's Subway, Inc.

Frank J. Thompson, Stamford, Conn. (Donald L. Dennison, Dennison, Dennison, Messerole & Pollach, Arlington, Va., on brief), for appellees and appellants Doctor's Associates, Inc. and the Gallianos.

Before HALL and PHILLIPS, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

This case1 involves the impact of the Lanham Trademark Act of July 5, 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., upon the geographical areas within which the parties are entitled to use the names "Subway" and "Armand's Subway" in connection with their respective sandwich shops or restaurants.

Before that legislation trademark protection was part of the law of unfair competition, and the...

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