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BRENNAN'S INC. v. DICKIE BRENNAN & CO. INC.

No. 03-30470.

376 F.3d 356 (2004)

BRENNAN'S INC.; Owen E. Brennan, Jr.; James C. Brennan; Theodore M. Brennan, Plaintiffs-Appellants-Cross-Appellees, v. DICKIE BRENNAN & COMPANY INC.; Richard J. Brennan, Jr.; Defendants-Appellees-Cross-Appellants, Richard J. Brennan; Cousins Restaurants Inc.; Seven Sixteen Iberville LLC, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Order On Petition for Rehearing July 23, 2004.

Attorney(s) appearing for the Case

Edward Tuck Colbert (argued), Kenyon & Kenyon, Washington, DC, Lance James Arnold, Leon H. Rittenberg, III, Baldwin & Haspel, New Orleans, LA, for Plaintiffs-Appellants-Cross-Appellees.

Gary J. Elkins (argued), Elkins & Associates, New Orleans, LA, for Defendants-Appellees-Cross-Appellants.

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

KING, Chief Judge:

The plaintiffs, owners of a famous New Orleans restaurant that bears their family name, brought trademark and contract claims against certain relatives who operated other restaurants that used the family name in ways that allegedly caused confusion in the marketplace. The district court ruled that the two contracts that are the basis of the breach-of-contract claims barred the plaintiffs from pursuing trademark-related claims. The remaining claims...

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