HomeMy WebLinkAbout2808 name Dough-Dough Donuts for this business, and advertised this
name extensively in the local Fort Pierce newspaper and on
local radio stations for a period of approximately ninety days.
In addition, Plaintiff registered with the Clerk of Circuit
Court of St. Lucie County and published the fictitious name
Dough-Dough Donuts in a newspaper for, four weeks, beginning
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with the issue on November 15, 1977, under the fictitious name
statute. At that time, Plaintiff did not attempt to register
a trademark with the Secretary of State under Chapter 495 of
the Florida Statutes.
Plaintiff wholesales. and retails doughnuts, but its '
wholesale business amounts to only approximately eight percent
of its entire business, excevt that Plaintiff does make ap-
proximately fifty percent.of its doughnuts which are delivered
to and sold at a doughnut store at Port St. Lucie, which is
owned by Lubin & Wilson, Inc. Lubin & Wilson, Inc. is owned
fifty percent by Blake William Wilson and Marv Ann Wilson, and
fifty percent by a third party. The Port St. Lucie store also
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~ operates under the name of Dough-Dough Donuts.
In late July or early August; 1978, Defendant Linda T.
Sink started trading at Plaintiff's store at Fort Pierce Beach
and informed Blake Wilson that she would like to learn the dough-
nut business, and open up a doughnut shop in South Carolina. At
that time, Linda Sink lived in South .Carolina and was employed
as a school teacher there. Linda Sink-then worked in Plaintiff's
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doughnut shop at Fort Pierce Beach for approximately five to six
weeks, learning how to make doughnuts and learning the details
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of the doughnut business. During this time, Blake Wilson and
Linda Sink had numerous discussions and negotiations about her
setting up and operating a doughnut shop in South Carolina, but
there was never any discussion about. Linda Sink setting up and
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operating a doughnut shop in Florida. These discussions included
payment of a S1,500 fee to Blake T~~ilson from Linda Sink for
teaching Linda Sink how to make doughnuts and the business details
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