Legal Opinion

Holiday Inns, Inc. v. Holiday Out in America and Holiday Out in America at St. Lucie, Inc.

Court of Appeals for the Fifth Circuit

Decided July 11, 1973No. 72-2830PublishedCited by 86 opinions

1Opinion of the Court

ESTES, District Judge:

Plaintiff, Holiday Inns, Inc. (hereinafter Holiday Inn), seeks damages and injunctive relief against the defendants, Holiday Out in America and Holiday Out in America at St. Lucie, Inc., for using the service marks Holiday Out, Holiday Out in America, and The Nation’s Campground in connection with their campground services business.

Holiday Inn has an international reputation for operating a chain of uniformly high-quality motels, of which it owns approximately one-fifth, with the remainder operating under franchise agreements. Plaintiff owns the following registered…

2Cases cited14 opinions

  1. World Carpets, Inc. v. Dick Littrell's New World Carpets, Joseph E. RussellCourt of Appeals for the Fifth Circuit · 1971
  2. B. H. Bunn Co., Inc., Plaintiff-Appellant-Cross v. Aaa Replacement Parts Co., Inc., Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1971
  3. Zippo Manufacturing Company v. Rogers Imports, Inc.District Court, S.D. New York · 1963
  4. Alberto-Culver Company, and Cross-Appellee v. Andrea Dumon, Inc., and Cross-AppellantCourt of Appeals for the Seventh Circuit · 1972
  5. John R. Thompson Co., Doing Business as and Through Its Wholly Owned Subsidiaries Holloway House, Inc. v. Mrs. Lee Holloway, Sr.Court of Appeals for the Fifth Circuit · 1966

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3Cited by86 opinions

  1. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
  2. Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
  3. Grotrian, Helfferich, Schulz, Th. Steinweg Nachf. v. Steinway & SonsCourt of Appeals for the Second Circuit · 1975
  4. Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981
  5. Zatarains, Inc., Cross-Appellee v. Oak Grove Smokehouse, Inc. And Visko's Fish Fry, Inc., Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983

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