Abner's International, Inc. v. Abner's Beef House Corp.

BARKDULL, Judge.

The appellant brought an action, pursuant to Ch. 495, Fla.Stat., F.S.A., seeking injunctive relief and damages against the appellees, alleging infringement by the defendants of the plaintiff’s exclusive right to use a service mark in connection with plaintiff’s business, a portion of which was being used by the defendants in connection with their business, to wit: “Abner’s”. The defendants answered and counterclaimed for injunctive and other relief against the plaintiff, asserting that the defendants possessed the exclusive right by common law usage to the use of that part of…