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ST. CHARLES MFG. CO. v. MERCER

No. 82-5662.

719 F.2d 380 (1983)

ST. CHARLES MANUFACTURING CO., et al., Plaintiffs-Appellants, v. Leonard MERCER, General Partner, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 7, 1983.

Attorney(s) appearing for the Case

Robert E. Wagner, Wallenstein, Wagner, Hattis, Strampel & Aubel, Alan L. Barry, Robert E. Browne, Chicago, Ill., for plaintiffs-appellants.

Edward F. O'Connor, O'Connor, Baylor, Callas & Elliott, Palm Beach Gardens, Fla., for defendants-appellees.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and GOLDBERG, Senior Circuit Judge.

GODBOLD, Chief Judge:

I. The facts

Plaintiff St. Charles Manufacturing Co. has two validly registered federal trademarks for "St. Charles" in connection with kitchen cabinets and related goods. Plaintiff St. Charles of Palm Beach is an authorized exclusive dealer of St. Charles products. Defendants are developers of a town-home community in Palm Beach.

To advertise their development, defendants had printed a brochure that represented that the homes...

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