HEALTH INDUSTRIES v. EUROPEAN HEALTH SPAS

Civ. No. 79-4032.

489 F.Supp. 860 (1980)

HEALTH INDUSTRIES, INC., a Utah Corporation, Plaintiff, v. EUROPEAN HEALTH SPAS, a South Dakota Corporation, and James R. French, Defendants.

United States District Court, D. South Dakota, S. D.

May 12, 1980.


Attorney(s) appearing for the Case

Deming Smith of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., and Frederick B. Ziesenheim and Paul A. Beck of Blenko, Buell, Ziesenheim & Beck, Pittsburgh, Pa., for plaintiff.

John N. Gridley, III, Sioux Falls, S. D., for defendants.


MEMORANDUM DECISION

NICHOL, Chief Judge.

This action is based on an alleged infringement of a service mark held by plaintiff. Plaintiff, Health Industries, Inc., is a Utah corporation with its principal office in Baltimore, Maryland. It owns and operates health clubs throughout the United States under the name "European Health Spas." Defendant European Health Spas, Inc., is a South Dakota corporation. It operates one health club in Sioux Falls, South Dakota...

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