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SUGAR BUSTERS LLC v. BRENNAN

No. 98-31063.

177 F.3d 258 (1999)

SUGAR BUSTERS LLC, Plaintiff-Appellee, v. Ellen C. BRENNAN; Theodore M. Brennan; Shamrock Publishing Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 25, 1999.

Attorney(s) appearing for the Case

Lloyd N. Shields, Daniel Lund, III, Stuart Glen Richeson, Shields Mott Lund, New Orleans, LA, for Plaintiff-Appellee.

Alan H. Goodman, George Frazier, Lemle & Kelleher, New Orleans, LA, for Defendants-Appellants.

Before KING, Chief Judge, and POLITZ and BENAVIDES, Circuit Judges.

KING, Chief Judge:

This appeal challenges the district court's grant of a preliminary injunction prohibiting defendants-appellants from selling or distributing a book entitled "SUGAR BUST For Life!" as infringing plaintiff-appellee's federally registered service mark, "SUGARBUSTERS." Plaintiff-appellee is an assignee of a registered "SUGARBUSTERS" service mark and the author of a best-selling diet book entitled "SUGAR BUSTERS...

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