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CONAN PROPERTIES, INC. v. CONANS PIZZA, INC.

No. 83-1687.

752 F.2d 145 (1985)

CONAN PROPERTIES, INC., Plaintiff-Appellant, v. CONANS PIZZA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 4, 1985.

Attorney(s) appearing for the Case

Lieberman, Rudolph & Nowak, L. Michael Rudolph, David A. Kalow, New York City, for plaintiff-appellant.

McGinnis, Lochridge & Kilgore, David L. Orr, Arnold, White & Durkee, Michael T. McLemore, Austin, Tex., for defendant-appellee.

Before CLARK, Chief Judge, JOHNSON and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Conan Properties, Inc. (CPI) owns the literary property rights in the fictional character "CONAN THE BARBARIAN" and licenses others to use the character in various commercial and entertainment works. CPI sued Conans Pizza, Inc. (Conans) for infringement of its federal trademark and for unfair competition and misappropriation of its property under Texas common law. By a special verdict, the jury found trademark infringement and unfair...

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