Legal Opinion
Rhea v. Bacon
Court of Appeals for the Fifth Circuit
Decided February 10, 1937No. 8164PublishedCited by 5 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
On motion of appellees, admitting the facts well pleaded, the bill of complaint was dismissed by the District Court for want of equity on its face. The suit was to enjoin appellees from using the name, “Inn-By-The-Sea,” or any similar appellation, in the operation of their hotel near Fort Walton, Fla. The necessary jurisdictional allegations, both as to parties and amount, are present, and the contentions relate (1) to the ownership of the name and insignia claimed, (2) to the" effect of the acts alleged to constitute unfair competition, and (3) to the probability of…
2Cases cited16 opinions
- Chittenden v. WitbeckMichigan Supreme Court · 1883
- Buckspan v. Hudson's Bay Co.Court of Appeals for the Fifth Circuit · 1927
- Hall v. HolstromCalifornia Court of Appeal · 1930
- Stogop Realty Co. v. Marie Antoinette Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Woodward v. LazarCalifornia Supreme Court · 1863
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3Cited by5 opinions
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- Bill's Gay Nineties, Inc. v. FisherNew York Supreme Court · 1943
- Faciane v. StarnerDistrict Court, N.D. Florida · 1955
- Onesime Faciane, Trading and Doing Business as White Kitchen v. Harry F. StarnerCourt of Appeals for the Fifth Circuit · 1956
- Stephen S. Gray, Not Individually But Solely In Hi v. The Williamsburg Hotel BK, LLCUnited States Bankruptcy Court, S.D. New York · 2025