Legal Opinion
Health Industries, Inc. v. European Health Spas
District Court, D. South Dakota
Decided May 12, 1980No. Civ. 79-4032PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Chief Judge.
This action is based on an alleged infringement of a service mark held by plaintiff. Plaintiff, Health Industries, Inc., is a Utah corporation with its principal office in Baltimore, Maryland. It owns and operates health clubs throughout the United States under the name “European Health Spas.” Defendant European Health Spas, Inc., is a South Dakota corporation. It operates one health club in Sioux Falls, South Dakota, under the name of “European Health Spa.” Its president and sole stockholder is the other defendant, James French.
Factual Background
In 1968…
2Cases cited14 opinions
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Irving Sulmeyer and Arnold L. Kupetz, Co-Trustees in Bankruptcy for Bubble Up Corporation v. Coca Cola CompanyCourt of Appeals for the Fifth Circuit · 1975
- LaTouraine Coffee Co. v. Lorraine Coffee Co.Court of Appeals for the Second Circuit · 1946
- Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. SmithCourt of Appeals for the Eighth Circuit · 1967
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Exxon Corporation v. Oxxford Clothes, Inc. And Oxxford Clothes Xx, Inc.Court of Appeals for the Fifth Circuit · 1997
- Burke-Parsons-Bowlby Corporation v. Appalachian Log Homes, Inc.Court of Appeals for the Sixth Circuit · 1989
- Hairline Creations, Inc. v. Diane KefalasCourt of Appeals for the Seventh Circuit · 1981
- In re Nantucket Inc.Court of Customs and Patent Appeals · 1982
- The Forschner Group, Inc. And Swiss Army Brands, Ltd. v. Arrow Trading Co. Inc.Court of Appeals for the Second Circuit · 1994
10 more not listed; retrieve them via the Exa API.