Lincoln Restaurant Corp. v. Wolfies Rest. Inc.

HINCKS, Circuit Judge.

Plaintiffs are the proprietors of two well known restaurants and sandwich shops, both called “Wolfies,” in Miami Beach, Florida. Defendant, with knowledge of plaintiffs’ prior use, opened a restaurant called “Wolfies” in Brooklyn, New York. Plaintiffs brought suit to protect their common law right to their trade name. Judge Byers below enjoined defendant’s use of the name, the plaintiffs having waived all claim to damages, and defendant appeals.

Defendant’s principal argument here is that there was no proof that plaintiffs had established a secondary meaning or likelihood…