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IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN ANA FOR .
ST. LUCIE COUNTY, FLORIDA.
CASE N0. 78-465 CA
WILSON & WILSON, INC., a
Florida corporation, d/b/a
DOUGH-DOUGH DONUTS,
Plaintiff,
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VS.
LINDA T. SINK and DOUGH-
DOUGH DONUTS, INC., a
Florida corporation,
Defendants. '
FINAL JUDGMENT
1
THIS CAUSE came before the Court on non-3ury trial
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on December 12 and 21, 1979. The Court received testimony, ~
memoranda of law and argument of counsel for all parties.
From the testimony and exhibits introduced at trial, the Court
finds and determines:
This is an action for a permanent injunction to
restrain and enjoin the Defendants from using the tradename ~
' "Dough-Dough Donuts". By previous order dated October 11, 1979, _
i
s the issues of the Plaintiff's entitlement to damages as raised
~ in the complaint and the issues raised in the counterclaim are
to be tried separately in a subsequent jury trial.
The issues remaining on this trial are whether the
Defendants infringed on the tradename Dough-Dough Donuts and
whether the Defendants' actions constitute the independent
tort of unfair competition so that a permanent injunction should
be granted.
Plaintiff, Wilson & Wilson, Inc., a Florida corpora-
tion, was incorporated in July, 1977. The sole stockholders
m are Blake William_Wilson, Jr. and Mary Ann Wilson, his wife.
Plaintiff conceived the name Dough-Dough Donuts in September,
1977, and opened its doughnut shop on October 17, 1977 at Fort
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Pierce Beach in St. ,Lucie County, Florida. Plaintiff used the
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