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Frank J. Siragusa v. The Travelodge Corporation

Frank J. SIRAGUSA Et Al., Appellants, v. the TRAVELODGE CORPORATION, Appellee

Siragusa v. The Travelodge Corp., 352 F.2d 516 (5th Cir. 1965)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 16, 1965
Docket
No. 21815_1
Judges
Tuttle, Rives, Gewin
Citations
352 F.2d 516147 U.S.P.Q. (BNA) 3791965 U.S. App. LEXIS 3947

Opinion — Per Curiam

PER CURIAM.

The appellants complain of the judgment of the United States District Court for the Northern District of Alabama permanently enjoining them from using the name “TraveLodge” or any name similar thereto, in connection with any motel, motor hotel, restaurant or related activity. The appellee, The TraveLodge Corporation, instituted the litigation claiming that the appellants had violated its registered service mark and were engaged in unfair competition in the use of such mark. The appellants claimed prior use of the mark in Alabama, the right to the exclusive use thereof within the State of Alabama, and fraud on the part of the appellee in the procurement of its registered service mark. By counterclaim, appellants also sought an injunction prohibiting use of the mark by appellee in Alabama, cancellation of appellee’s mark, or in the alternative, to exclude use thereof by the appellee in Alabama or at least in Birmingham.

The facts were fully developed during the trial. There were a number of witnesses and numerous exhibits. We have carefully examined the record and given full consideration to the contentions of the parties. We agree with the opinion and judgment of the district court. The TraveLodge Corporation v. Siragusa, et al., D.C., 228 F.Supp. 238 (1964). The judgment is therefore Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 11969: 11974: 11975: 11976: 11977: 11982: 11988: 119662026peak 1966 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Travelodge Corp. v. Siragusa, 228 F. Supp. 238 (N.D. Ala. 1964) 14

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