Legal Opinion
Lincoln Restaurant Corp. v. Wolfies Rest., Inc.
District Court, E.D. New York
Decided June 16, 1960No. Civ. A. No. 16936PublishedCited by 5 opinions
1Opinion of the Court
BYERS, District Judge.
This is an unfair competition case in which plaintiffs, two Florida restaurant corporations conducted as a joint venture, seek to enjoin the defendant, a New York restaurant corporation, from using the name “Wolfies” in any manner. Thus it is a true diversity case.
The circumstances are unusual in that the parties are not in direct competition, since they operate in areas so widely separated as Miami Beach (and perhaps other places) in Florida, and the Borough of Brooklyn in the City of New York.
If the theory of the plaintiffs is understood, it is that they have the right…
2Cases cited15 opinions
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- Ambassador East, Inc. v. Orsatti, Inc., and Arnold OrsattiCourt of Appeals for the Third Circuit · 1958
- El Chico, Inc. v. El Chico CafeCourt of Appeals for the Fifth Circuit · 1954
- Maison Prunier v. Prunier's Restaurant & Cafe, Inc.New York Supreme Court · 1936
- Federal Glass Company v. Samuel LoshinCourt of Appeals for the Second Circuit · 1954
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Travelodge Corporation v. SiragusaDistrict Court, N.D. Alabama · 1964
- International Silver Co. v. Roger Chromeware, Inc.District Court, E.D. New York · 1964
- Safeway Stores, Inc. v. Safeway Properties, Inc.District Court, S.D. New York · 1961
- Lincoln Restaurant Corp. v. Wolfies Rest. Inc.Court of Appeals for the Second Circuit · 1961
- Lincoln Restaurant Corp. v. Wolfies Rest. Inc.Court of Appeals for the First Circuit · 1961