TIME OUT, INC. v. KARRAS

No. 15263.

392 N.W.2d 434 (1986)

TIME OUT, INC., Plaintiff and Appellee, v. Chris KARRAS, d/b/a Time Out Steakhouse & Restaurant, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 20, 1986.


Attorney(s) appearing for the Case

Timothy J. Nimick of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendant and appellant.

Charles L. Dorothy of Dorothy Law Firm, P.C., Sioux Falls, for plaintiff and appellee.


TAPKEN, Circuit Judge.

This is an appeal from the granting of partial summary judgment in favor of Time Out, Inc. (appellee). The judgment cancelled Chris Karras' (appellant) registration of the name "Time Out Steakhouse & Restaurant" and the logo of a referee signaling time out with the Secretary of State under the trademark protection provisions of SDCL 37-6. We reverse and remand for trial.

K.P. Kompelien opened a cocktail lounge and restaurant in Sioux...

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