LOBO ENTERPRISES v. TUNNEL, INC.

No. 1109, Docket 87-7084.

822 F.2d 331 (1987)

LOBO ENTERPRISES, INC., trading as Tunnel Bar a/k/a the Tunnel, Plaintiff-Appellant, v. The TUNNEL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 2, 1987.


Attorney(s) appearing for the Case

Jane Shay Wald, New York City (Barry A. Cooper, Amy G. Bochner, Gottlieb, Rackman & Reisman, New York City, on the brief), for plaintiff-appellant.

Oliver P. Howes, New York City (Kevin Parks, Margaret Ranft, Nims, Howes, Collison & Isner, New York City, on the brief), for defendant-appellee.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.


JON O. NEWMAN, Circuit Judge:

This appeal concerns the scope of federal jurisdiction under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982), and whether the owner of a small lower Manhattan bar operating under the name "Tunnel Bar" is entitled to a preliminary injunction enjoining a new large Manhattan nightclub/disco from using the name "Tunnel". Lobo Enterprises, Inc. ("Lobo"), owner of "Tunnel Bar", appeals from a judgment of the District Court...

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