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MAXIM'S LTD. v. BADONSKY

No. 84-2879.

772 F.2d 388 (1985)

MAXIM'S LIMITED, Plaintiff-Appellant, v. George BADONSKY, d/b/a Maxim's Restaurant, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1985.

Rehearing Denied October 11, 1985.

Attorney(s) appearing for the Case

David H.T. Kane, Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, for plaintiff-appellant.

Charles A. Laff, Laff, Whitesel, Conte & Saret, Chicago, Ill., for defendant-appellee.

Before CUDAHY and COFFEY, Circuit Judges, and PECK, Senior Circuit Judge.

CUDAHY, Circuit Judge.

In 1963 Astor Tower Restaurant, Inc., a Chicago firm, solicited the agreement of Louis Vaudable of Paris to allow Astor Tower to use the name "Maxim's de Paris" for a Chicago restaurant. The facts surrounding the agreement are less than clear in the record. Vaudable apparently owned Maxim's in Paris, perhaps in partnership with Societe Investissement Commercial et Hotelier, S.A. (SICH).

The use of the mark in Chicago evidently benefited...

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