Lincoln Restaurant Corp. v. Wolfies Rest. Inc.

Here is another example of the anomalous situation created by the courts’ endeavors to grant a non-statutory monopoly through the medium of the “unfair competition” doctrine, which monopoly goes far beyond that bestowed by legislative enactment.1 Plaintiffs operate restaurants in Miami Beach, Florida, under the name “Wolfies.” Apparently, “Wolfie” was the nickname of a gentleman by the name of Wilfred Cohen. Had he been named Edward Cohen, Samuel Cohen, Gerald Cohen or Joseph Cohen, he, if nickname minded, would doubtless have considered such distinctive names as “Eddie’s,” “Sam’s,”…