SCHLOTZSKY'S, LTD. v. STERLING PURCHASING

No. 06-50720.

520 F.3d 393 (2008)

SCHLOTZSKY'S, LTD., Plaintiff-Appellee, v. STERLING PURCHASING AND NATIONAL DISTRIBUTION CO., INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 5, 2008.


Attorney(s) appearing for the Case

Edward Wood Dunham (argued), Erika Lynn Amarante, Wiggin & Dana, New Haven, CT, Shannon H. Ratliff, Lisa A. Paulson, Richard A. Fordyce, Ratliff Law Firm, Austin, TX, for Plaintiff-Appellee.

Anthony Stanley DiVincenzo (argued), DiVincenzo, Schoenfield & Swartzman, Chicago, IL, for Defendant-Appellant.

Before BARKSDALE, DENNIS and SOUTHWICK, Circuit Judges.


SOUTHWICK, Circuit Judge:

After a jury trial, the district court ruled in favor of a restaurant franchisor on claims brought against a food distributor under the Lanham Act. On appeal, the distributor alleges the Lanham Act was inapplicable, that an award of attorney fees and an injunction should be overturned, and that its counterclaims should be reinstated. We disagree and affirm.

FACTS

Schlotzsky's, Inc., the franchisor for a quick-serve restaurant...

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