Zimmerman v. Holiday Inns of America, Inc.

438 Pa. 528, 266 A.2d 87 (1970)

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Zimmerman v. Holiday Inns of America, Inc.

Pennsylvania Supreme Court
438 Pa. 528, 266 A.2d 87 (1970)

SH

Facts

Holiday Inns of America, Inc. (Holiday Inns) (defendant) established fourteen motels named Holiday Inn in Pennsylvania. Eugene Zimmerman (plaintiff) owned and operated motels in and near Harrisburg, Pennsylvania that used the word “holiday” in their names. Zimmerman sued Holiday Inns seeking an injunction against it opening motels named Holiday Inn within 100 miles of Harrisburg and anywhere along the Pennsylvania Turnpike corridor. Holiday Inns countersued, seeking an injunction that would prevent Zimmerman from operating a motel named Holiday Inn Town. At trial, Zimmerman offered ample evidence that the word “holiday” had taken on a secondary meaning associated with his motel company within Harrisburg. The trial court granted an injunction against Holiday Inns preventing it from opening motels within greater Harrisburg, which was defined as the area within 20 miles of the city center. The court denied all other requests for injunctions. Both parties appealed.

Rule of Law

Issue

Holding and Reasoning (O’Brien, J.)

Dissent (Cohen, J.)

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