Legal Opinion
Hot Shoppes, Inc. v. Hot Shoppe, Incorporated
District Court, M.D. North Carolina
Decided March 28, 1962No. C-128-G-57PublishedCited by 14 opinions
1Opinion of the Court
L. RICHARDSON PREYER, District Judge.
This is a case in which a corporation doing business across a wide section of the eastern seaboard expands into an area where a local firm is using a similar trade name. The national user — the plaintiff in this case — seeks to bar the local user from using the name. 1 The local user contends that it is the prior user in the locality and is entitled to concurrent use of the name under an appropriate equitable decree.
Plaintiff began operations under the trade name “Hot Shoppes” in Washington, D.C. in 1927. In 1934 the business was extended to an operation…
2Cases cited9 opinions
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- Ambassador East, Inc. v. Orsatti, Inc., and Arnold OrsattiCourt of Appeals for the Third Circuit · 1958
- Maison Prunier v. Prunier's Restaurant & Cafe, Inc.New York Supreme Court · 1936
- Fairway Foods, Inc., a Corporation v. Fairway Markets, Inc., and Raisin Markets, Inc.Court of Appeals for the Ninth Circuit · 1955
- Time, Inc. v. Life Television Corp.District Court, D. Minnesota · 1954
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Burger King of Florida, Inc., and Burger King Restaurants, Inc. v. Gene Hoots and Betty Hoots, D/B/A Burger KingCourt of Appeals for the Seventh Circuit · 1968
- Old Dutch Foods, Inc. v. Dan Dee Pretzel & Potato Chip Co. And Berg's Pretzels, Inc.Court of Appeals for the Sixth Circuit · 1973
- Coffee Dan's, Inc. v. Coffee Don's Charcoal BroilerDistrict Court, N.D. California · 1969
- Major League Baseball Properties, Inc. v. Sed Non Olet Denarius, Ltd.District Court, S.D. New York · 1993
- Spheeris Sporting Goods, Inc. v. Spheeris on CapitolCourt of Appeals of Wisconsin · 1990
9 more not listed; retrieve them via the Exa API.