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VISION CTR. v. OPTICKS, INC.

No. 78-2867.

596 F.2d 111 (1979)

The VISION CENTER, Plaintiff-Appellee, Cross Appellant, v. OPTICKS, INC., Will Ross, Inc. and G. D. Searle & Co., Defendants-Appellants, Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 1, 1979.

Attorney(s) appearing for the Case

Jones, Walker, Weachter, Poitevent, Carrere & Denegre, Harry S. Hardin, III, Ewell E. Eagan, Jr., New Orleans, La., for defendants-appellants, cross appellees.

Deutsch, Kerrigan & Stiles, William W. Messersmith, III, Lloyd N. Shields, New Orleans, La., for plaintiff-appellee, cross appellant.

Before THORNBERRY, AINSWORTH and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This is an expedited appeal from an order of the district court granting a preliminary injunction which prevents Opticks, Inc.,1 a Texas corporation, from using the trade name "Pearle Vision Center" in the New Orleans market area. The Vision Center,2 a Louisiana partnership, claimed that Opticks' proposed use of the words "vision" and "center" constituted trade name infringement...

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