[Download] "Thomas C. Marshall v. Holiday Inn" by New Castle Court of Chancery of Delaware " eBook PDF Kindle ePub Free
eBook details
- Title: Thomas C. Marshall v. Holiday Inn
- Author : New Castle Court of Chancery of Delaware
- Release Date : January 22, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
MARVEL, Vice Chancellor. Plaintiff, the owner of a recently constructed motel at 4000 Concord Pike in Brandywine Hundred, initiated proceedings in this case by filing a complaint in which it sought a declaratory judgment to the effect that plaintiff's use of the trade name Holiday Inn of America Motel (a right granted plaintiff under a license agreement with Holiday Inns of America, Inc.) does not constitute an infringement of defendant's proprietary interests in a nearby restaurant which it operates under the name Holiday Inn. Plaintiff asks that a decree be entered establishing its rights to the unrestricted use of the name Holiday Inn of America in the operation of its business, such being the name of an incorporated national system of motels operating throughout the United States. This national system, comprising some two hundred motels, in return for a stipulated fee grants its licensees the right to use a distinctive inn sign and since 1952 has expended large sums of money in promoting the business of its national system. The defendant corporation on the other hand is not engaged in the hotel or motel business having operated a single local restaurant since 1952 for which it claims to have established an excellent reputation for fine food graciously served.