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CHART HOUSE, INC. v. BORNSTEIN

No. 80-1410.

636 F.2d 9 (1980)

CHART HOUSE, INC., etc., Plaintiff, Appellant, v. Stuart BORNSTEIN, d/b/a Chart House Village, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 11, 1980.

Attorney(s) appearing for the Case

A. Lane McGovern, Michael J. Beautyman, Ropes & Gray, Boston, Mass., George B. Newitt, Denis A. Berntsen, and Allegretti, Newitt, Witcoff & McAndrews, Chicago, Ill., on brief, for appellant.

Before COFFIN, Chief judge, ALDRICH and PELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

This action, seeking, inter alia, preliminary and permanent injunctions is brought by Chart House, Inc., owner of registered service marks, The Chart House and Chart House as logos for use in restaurant and bar services,1 against defendant's use of the name Chart House Village in connection with a "shopping, living and dining complex" in Hyannis, Massachusetts. Following...

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