Legal Opinion
El Chico, Inc. v. El Chico Cafe
District Court, N.D. Texas
Decided March 13, 1953No. Civ. A. No. 4848PublishedCited by 1 opinion
1Opinion of the Court
ATWELL, Chief Judge.
The Plaintiff seeks a permanent injunction and damages.
I find as facts:
That the Plaintiff’s name, “El Chico,” for his restaurant and place of entertainment at Greenwich Village, New York, was chosen and publicized extensively over radio, newspaper advertising, and through recommendations made by patrons who came from time to time for more than ten years prior to the time that the defendants chose the name, “El Chico,” for their restaurants and canned goods, which restaurants and canning place were situated in Dallas, Texas.
That there is no testimony of any confusion…
2Cases cited20 opinions
- United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918
- Menendez v. HoltSupreme Court of the United States · 1888
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Elgin National Watch Co. v. Illinois Watch Case Co.Supreme Court of the United States · 1901
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
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3Cited by1 opinion
- El Chico, Inc. v. El Chico CafeCourt of Appeals for the Fifth Circuit · 1954