SMOTKIN v. MANHATTAN-WARD, INC.


363 Pa.Super. 597 (1987)

526 A.2d 1223

Harold R. SMOTKIN, Individually and t/d/b/a The Hub Store and The Hub Store, Inc. v. MANHATTAN-WARD, INC., Appellant. Harold R. SMOTKIN, Individually and t/d/b/a the Hub Store and the Hub Store, Inc., Appellant, v. MANHATTAN-WARD, INC.

Supreme Court of Pennsylvania.

Filed June 10, 1987.


Attorney(s) appearing for the Case

Alan H. Bernstein and Max Goldman, Philadelphia, for appellant (at 247).

John C. Uhler, York, for Smotkin, appellant (at 251).

Joanne C. Betlem, York, for the Hub Store, appellant (at 251).

Before WIEAND, OLSZEWSKI and TAMILIA, JJ.


TAMILIA, Judge:

This case involves an attempt by Harold R. Smotkin, individually, doing business as the Hub Store and the Hub Store, Inc., to enjoin Manhattan-Ward, Inc. from using the name "Hub" for their clothing stores in the York County area.

The procedural aspects of this case form the basis for our determination that a remand is necessary to allow the lower court to rule on the exceptions filed by...

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