HomeMy WebLinkAbout2810 It would be inequitable and unjust to allow Defendants to use
the name Dough-Dough Donuts. There is actual competition be-
tween the parties, and if nefendants use the name Hough-Dough
Donuts, it would constitute unfair competition.
The tradename Dough-Dough Donuts is a generic term,
word or description, since a doughnut is composed of dough,
and thus, Plaintiff cannot acquire exclusive rights to this
name. Miller Brewing Co. v. G. Heileman Brewing Co., 561 F2d
75 (1977). ~ However, the name has acquired a secondary meaning -
in St. Lucie County due to the Plaintiff's advertising, use of
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the name, and sale of its doughnuts in the two retail stores, -
as well as to the three or four stores to which it wholesales
the doughnuts. Plaintiff has not proven that the territorial
use of this name has extended to Martin and Indian River
Counties.
Plaintiff is entitled to a permanent injunction under
the common lawJ under the doctrine of unfair competition and
under the statutory law. 32 Fla Jur, '!'rademarks, §17, and F,S.
495.151. -
It is thereupon
i
ORDERED and ADJUDGED that the Defendants, Linda Sink
and Crispy-O-Aonuts, Inc., their agents and employees, are ~er-
manently enjoined and restrained from using or doing business as
Dough-Dough Donuts or any similar name, including using the words
"Inc." or "Co." in St. Lucie County, Florida. It is further
ORDERED and ADJt?DGFD that costs are to be assessed
against Defendants. Jurisdiction is reserved as to those issues
in the order entered on October 11, 1979.
DOriF and ORDERED in Vero Reach, Indian River County,
Florida this day of January, 1930.
. C
rc u ge
- Copies furnished to : 4~,~~
.Vincent A. Lloyd, Esq : X80 JAi~ 16 P41 ~ 39
Raymond E. Ford, Esq. f~,~ p~T
-4 aROG~ POITR~A. .
CLERK CIRt:WT COURT
RECORD YERtf lEt1_....
1?~~'3 P~~2799
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