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GAETA CROMWELL, INC. v. BANYAN LAKES VILLAGE

No. 4-86-2884.

523 So.2d 624 (1988)

GAETA CROMWELL, INC., Lou Gaeta Development Company, and Fischer-Gaeta-Cromwell, Inc., Appellants/Cross Appellees, v. BANYAN LAKES VILLAGE, a Joint Venture, by and between Middlesex Development Corporation and B & S Delray Ventures, Inc., a Florida Corporation, D/B/a Congress Park and Congress Park South, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

On Denial of Rehearing May 4, 1988.

Attorney(s) appearing for the Case

Jack S. Cox of Merola, McCarthy & Cox, P.A., Palm Beach Gardens, and John Beranek of Klein & Beranek, P.A., West Palm Beach, for appellants/cross appellees.

Joel L. Roth of Siegel & Lipman, Boca Raton, for appellees/cross appellants.

HERSEY, Chief Judge.

This is an appeal from an order granting a temporary injunction. A cross appeal objects to the amount of the bond.

The issue is whether the name "Congress Park" is a trade name which, under the circumstances of this case, entitles one user to protection against use of the trade name by another.

Appellees, plaintiffs below, are the owners and developers of "Congress Park," which is an office building complex located on Congress...

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