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TIO PEPE, INC. v. EL TIO PEPE de MIAMI RESTAURANT, INC.

No. 87-952.

523 So.2d 1158 (1988)

TIO PEPE, INC., Appellant, v. EL TIO PEPE de MIAMI RESTAURANT, INC., and Cantabrica, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1988.

Attorney(s) appearing for the Case

Kozyak, Tropin & Throckmorton and Harley S. Tropin and Joel L. Tabas; Frijouf, Rust & Pyle, Tampa, for appellant.

Malin, Haley & McHale and Eugene F. Malin and Edward F. McHale, Ft. Lauderdale, for appellees.

Before HENDRY, HUBBART and FERGUSON, JJ.

HENDRY, Judge.

Tio Pepe, Inc. appeals from a final judgment entered in favor of El Tio Pepe de Miami Restaurant, Inc. For reasons more fully developed below, we reverse.

Tio Pepe, Inc. is a highly acclaimed Spanish restaurant operating in Clearwater, Florida since 1976. In 1984, Tio Pepe, Inc. learned of another Spanish restaurant planning to open in Miami, doing business under the same name. Shortly thereafter, Tio Pepe, Inc. registered the name "Tio Pepe...

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