FRISCH'S RESTAURANTS, INC. v. ELBY'S BIG BOY OF STEUBENVILLE

Nos. 81-3095, 81-3098.

670 F.2d 642 (1982)

FRISCH'S RESTAURANTS, INC., Plaintiff-Appellee, Cross-Appellant, v. ELBY'S BIG BOY OF STEUBENVILLE, INC.; the Boury Corporation; Elby's Family Restaurants, Inc.; Elby's Commissionary, Inc.; George Boury, Ellis Boury and David Carr, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1982.


Attorney(s) appearing for the Case

Keith A. Sommer, Sommer & Antill, Martins-Ferry, Ohio, Arthur M. Recht, Ray A. Byrd, Schrader, Stamp, Byrd, Byrum Johnson & Companion, Wheeling, W. Va., Thomas J. Collin, Thompson, Hine & Flory, Cleveland, Ohio, for defendants-appellants, cross-appellees.

Gary D. Greenwald, Carl Genberg, Schottenstein, Zox & Dunn, Columbus, Ohio, for plaintiff-appellee, cross-appellant.

Before WEICK and BROWN, Circuit Judges, and PRATT, District Judge.


BAILEY BROWN, Circuit Judge.

Marriott Corporation is the owner of the "Big Boy" trademark and service mark, which is used by a network of family restaurants around the country. The plaintiff, Frisch's Restaurants, Inc. (Frisch's), has the exclusive license from Marriott to use these marks in Ohio and currently operates eighty restaurants in Ohio under the Big Boy trademark. One of the defendants, The Boury Corporation, operates the network of "Elby's Family Restaurants...

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