JELLIBEANS, INC. v. SKATING CLUBS OF GEORGIA, INC.

No. 81-7637.

716 F.2d 833 (1983)

JELLIBEANS, INCORPORATED, a Georgia Corporation, Plaintiff-Appellee, Cross-Appellant, v. SKATING CLUBS OF GEORGIA, INC., a Georgia Corporation, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 3, 1983.


Attorney(s) appearing for the Case

Jones, Bird & Howell, Kevin E. Grady, Atlanta, Ga., for defendant-appellant, cross-appellee.

Haas, Holland, Lipshutz, Levison & Gibert, William R. King, Atlanta, Ga., Caesar, Rivise, Bernstein & Cohen, Ltd., Stanley H. Cohen, Philadelphia, Pa., for plaintiff-appellee, cross-appellant.

Before RONEY, TJOFLAT and FAY, Circuit Judges.


TJOFLAT, Circuit Judge:

Skating Clubs of Georgia, Inc. appeals from a district court order enjoining it from using "Lollipops" as a name for one of its roller skating rinks because that name is too easily confused by consumers with the service mark1 used by Jellibeans, Inc. to identify its roller rink, "Jellibeans." Jellibeans, Inc. cross-appeals the district court's denial of attorney fees. We affirm on both points.

I.

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