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LOBO ENTERPRISES, INC. v. THE TUNNEL, INC.

No. 86 Civ. 9754 (KTD).

652 F.Supp. 1037 (1987)

LOBO ENTERPRISES, INC., trading as Tunnel Bar a/k/a the Tunnel, Plaintiff, v. THE TUNNEL, INC., Defendant.

United States District Court, S.D. New York.

January 14, 1987.

Attorney(s) appearing for the Case

Gottlieb Rackman & Reisman, New York City, for plaintiff; (Jane Shay Wald, of counsel).

Nims, Howes, Collison & Isher, New York City, for defendant; (Oliver P. Howes, Jr., Margaret Ranft, Kevin Parks, of counsel).

OPINION

KEVIN THOMAS DUFFY, District Judge:

Should the determination of who may use the name "The Tunnel" for a bar in New York City be a matter determined by the federal courts?

Plaintiff herein owns an 18' × 70' storefront bar on 1st Avenue and 7th Street in the East Village, New York City, which caters primarily to male homosexuals interested in "[a] lot of leather, & the humpy guys behind...

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