Legal Opinion

Terry v. International Dairy Queen, Inc.

District Court, N.D. Indiana

Decided January 13, 1983No. F 80-189PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SHARP, Chief Judge.

I

The evidence in this case presents an interesting example of the evolution of a major fast-food franchise operation in post-World War II America.

The Court is here called upon to determine and declare certain rights of the parties in this historical context.

The case was well tried before this Court and has been thoroughly briefed and oral argument has been heard.

A

All rights with respect to the use of “Dairy Queen” trade name in Indiana before 1948 were owned by H.A. McCullough and J.F. McCullough (McCulloughs) of Geneseo, Illinois. Mr. McCullough has…

2Cases cited20 opinions

  1. McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
  2. Saratoga Vichy Spring Co., Inc. v. Orin Lehman, Commissioner of Parks and Recreation of the the State of New York and Waters of Saratoga Springs, Inc.Court of Appeals for the Second Circuit · 1980
  3. Tisch Hotels, Inc., Americana Hotel Operating Corporation v. Americana Inn, Inc., Americana Motor Courts, Inc., Americana Catering CompanyCourt of Appeals for the Seventh Circuit · 1965
  4. English Coal Co., Inc. v. DurcholzIndiana Court of Appeals · 1981
  5. Franchised Stores of New York, Inc. And Thomas Carvel v. Martin WinterCourt of Appeals for the Second Circuit · 1968

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3Cited by9 opinions

  1. G. Heileman Brewing Co. v. Anheuser-Busch Inc.District Court, E.D. Wisconsin · 1987
  2. Wilson v. Montgomery Ward & Co., Inc.District Court, N.D. Indiana · 1985
  3. Hammons Mobile Homes, Inc. v. Laser Mobile Home Transport, Inc.Indiana Court of Appeals · 1986
  4. Aaron Macgregor & Assocs., LLC v. Zhejiang Jinfei Kaida Wheels Co.District Court, N.D. Indiana · 2018
  5. Cotton Ginny, Ltd. v. Cotton Gin, Inc.District Court, S.D. Florida · 1988

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