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SUN BANKS OF FLA. INC. v. SUN FED. SAV. & LOAN ASS'N

No. 78-3530.

651 F.2d 311 (1981)

SUN BANKS OF FLORIDA, INC., a Florida Corporation Etc., Plaintiff-Appellee, v. SUN FEDERAL SAVINGS AND LOAN ASSOCIATION, a Federal Savings and Loan Association, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 14, 1981.

Attorney(s) appearing for the Case

James Elliott Messer, Robert L. Hinkle, Tallahassee, Fla., for defendant-appellant.

W. Brown Morton, Jr., King George, Va., J. Thomas Cardwell, Orlando, Fla., J. Robert McClure, Jr., Tallahassee, Fla., Charles E. Harris, Orlando, Fla., for plaintiff-appellee.

Before HILL and POLITZ, Circuit Judges, and O'KELLEY, District Judge.

Rehearing and Rehearing En Banc Denied September 14, 1981.

POLITZ, Circuit Judge:

This is an action for service mark infringement alleging violation of the Lanham Trademark Act, 15 U.S.C. §§ 1051-1127,1 and the common law tort of unfair competition.2 After a bench trial, the district court found a likelihood of confusion between the service marks of Sun Banks of Florida, Inc. (Sun Banks) and...

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