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BRENNAN'S, INC. v. BRENNAN'S RESTAURANT, L.L.C.

Docket No. 03-7382.

360 F.3d 125 (2004)

BRENNAN'S, INC., Plaintiff-Appellant, v. BRENNAN'S RESTAURANT, L.L.C., 565 Lexington Avenue Co., LLC., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 26, 2004.

Attorney(s) appearing for the Case

Edward T. Colbert, Washington, D.C. (William M. Merone, Kenyon & Kenyon, Washington, D.C.; Gregg A. Paradise, Kenyon & Kenyon, New York, New York, of counsel), for Plaintiff-Appellant.

Adam M. Cohen, New York, New York (Dana M. Susman, Kane Kessler, P.C., New York, New York, of counsel), for Defendants-Appellees.

Before: CARDAMONE, MINER, and CALABRESI, Circuit Judges.

CARDAMONE, Circuit Judge.

This is an appeal from the denial of a preliminary injunction in a trademark infringement suit. The suit involves a dispute between two restaurant owners over the use of the name "Brennan's." The owner of a widely-renowned New Orleans restaurant named "Brennan's" moved for a preliminary injunction against the owners of a New York City restaurant called "Terrance Brennan's Seafood & Chop House." Plaintiff's motion was denied by the United...

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