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KENTUCKY FRIED CHICKEN v. DIVERSIFIED PACKAGING

No. 74-3060.

549 F.2d 368 (1977)

KENTUCKY FRIED CHICKEN CORPORATION, Plaintiff-Appellee, v. DIVERSIFIED PACKAGING CORPORATION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 25, 1977.

Attorney(s) appearing for the Case

Burton H. Shostak, Lloyd A. Palans, St. Louis, Mo., Edward F. O'Herin, Malden, Mo., Philip de V. Claverie, New Orleans, La., for defendants-appellants.

William I. Dunaj, Miami, Fla., Robert R. Feagin, III, Tallahassee, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

This case presents us with something mundane, something novel, and something bizarre. The mundane includes commercial law issues now well delimited by precedent. The novel aspects of the case center on intriguing and difficult interrelationships between trademark and antitrust concepts. And the bizarre element is the facially implausible — some might say unappetizing — contention that the man whose chicken is "finger-lickin'...

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