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LOBO ENTERPRISES, INC. v. TUNNEL, INC.

No. 86 Civ. 9754 (MBM).

693 F.Supp. 71 (1988)

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.

August 29, 1988.

Attorney(s) appearing for the Case

Jane Shay Wald, Gottlieb, Rackman & Reisman, P.C., New York City, for plaintiff.

Oliver P. Howes, Jr., Nims, Howes, Collision & Isner, New York City, for defendant.

MUKASEY, District Judge.

Plaintiff Lobo Enterprises, Inc. operates a small bar at 7th Street and First Avenue in Manhattan, called "Tunnel Bar," that caters primarily if not exclusively to gay men. It seeks to enjoin1 defendant Tunnel, Inc. under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), from using "Tunnel" as the name of defendant's nightclub and discotheque at 27th Street and Twelfth Avenue, also in Manhattan; defendant...

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