Legal Opinion
Tisch Hotels, Inc., Americana Hotel Operating Corporation v. Americana Inn, Inc., Americana Motor Courts, Inc., Americana Catering Company
Court of Appeals for the Seventh Circuit
Decided September 14, 1965No. 14817_1PublishedCited by 172 opinions
1Opinion of the Court
KILEY, Circuit Judge.
This appeal presents the question whether plaintiffs are entitled to injunc-tive relief based on alleged trademark infringement and unfair competition by reason of defendants’ adoption and use, without consent, of plaintiffs’ registered service mark “Americana”. The district court’s findings and judgment were against plaintiffs. We reverse.
Plaintiffs own and operate a number of hotels, three of them bearing the name “Americana”. They began construction of the Miami Beach, Florida Americana in May 1955 and opened that hotel in December 1956. The Americana of New York…
2Cases cited38 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
- Harold F. Ritchie, Inc. v. Chesebrough-Pond's, Inc.Court of Appeals for the Second Circuit · 1960
33 more not listed; retrieve them via the Exa API.
3Cited by172 opinions
- 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
- Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- 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
- Brennan's, Inc. v. Brennan's Restaurant, L.L.C., 565 Lexington Avenue Co., LLCCourt of Appeals for the Second Circuit · 2004
167 more not listed; retrieve them via the Exa API.