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MOUNTAIN ROAD PROPERTIES, INC. v. BATTAINI

Civ. No. 92-322.

806 F.Supp. 498 (1992)

MOUNTAIN ROAD PROPERTIES, INC., d/b/a The Mountain Road Resort at Stowe v. Paul BATTAINI, individually, and Nancy Battaini, individually, d/b/a Burlington Dine Around Club and Charles Stewart, individually.

United States District Court, D. Vermont.

November 16, 1992.

Attorney(s) appearing for the Case

Robert S. DiPalma, Paul, Frank & Collins, P.C., Burlington, Vt., for plaintiff.

David T. Austin, Sheehey, Brue, Gray & Furlong, Burlington, Vt., for defendant Portland Dine Around Club, Inc.

Donald J. Rendall, Jr., David T. Austin, Sheehey, Brue, Gray & Furlong, Burlington, Vt., for defendants Paul Battaini, Nancy Battaini, and dba/ Burlington Dine Around Club, Charles Stewart.

ORDER

BILLINGS, District Judge.

On October 21, 1992, plaintiff moved pursuant to Fed.R.Civ.P. 65 and 15 U.S.C. § 1116 for a preliminary injunction barring defendants' use of plaintiff's registered service mark, "Dine Around," in any print or electronic promotion or advertising. Plaintiff also requests that defendants be enjoined from entering into any further joint ventures to use the mark. On October 30...

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