Zimmerman v. B. & C. Motel Corp.

401 Pa. 278, 163 A.2d 884 (1960)

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Zimmerman v. B. & C. Motel Corp.

Pennsylvania Supreme Court
401 Pa. 278, 163 A.2d 884 (1960)

SH

Facts

Eugene Zimmerman (plaintiff) owned and operated two motels named Holiday West and Holiday East along the Pennsylvania Turnpike exit near Harrisburg, Pennsylvania. These were the first hotels with the word “holiday” in their names in the area. B. & C. Motel Corporation (defendant) opened a Holiday Inn franchise location about 80 miles from Zimmerman’s motels. Zimmerman filed suit against B. & C. Motel Corporation and asked that it be enjoined from using the name “Holiday Inn” on the grounds of unfair competition. At trial, Zimmerman offered evidence that a utility company once sent a $5 charge intended for Holiday Inn to Zimmerman instead. The trial court dismissed the complaint, and Zimmerman appealed.

Rule of Law

Issue

Holding and Reasoning (Bok, J.)

Dissent (Bell, J.)

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