Frank J. Siragusa v. The Travelodge Corporation

Fifth Circuit

Frank J. Siragusa v. The Travelodge Corporation

352 F.2d 516, 147 U.S.P.Q. (BNA) 379, 1965 U.S. App. LEXIS 3947

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 16, 1965

Docket21815_1

StatusPublished

Cited by10 cases

This text of 352 F.2d 516 (Frank J. Siragusa v. The Travelodge Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank J. Siragusa v. The Travelodge Corporation, 352 F.2d 516, 147 U.S.P.Q. (BNA) 379, 1965 U.S. App. LEXIS 3947 (5th Cir. 1965).

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Opinion

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.

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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.

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352 F.2d 516, 147 U.S.P.Q. (BNA) 379, 1965 U.S. App. LEXIS 3947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-j-siragusa-v-the-travelodge-corporation-ca5-1965.

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