SHAKEY'S INC. v. COVALT

Nos. 81-3166, 81-3185.

704 F.2d 426 (1983)

SHAKEY'S INCORPORATED, Plaintiff-Appellant, v. Isabel COVALT, Covalt Enterprises, Inc., Pi Arn Squared, Inc., d/b/a Suspenders Pizza, Fred Jansen, and Sande Dahl, Defendant-Appellee. SHAKEY'S INCORPORATED, Plaintiff-Appellee, v. Isabel COVALT, Covalt Enterprises, Inc., Pi Arn Squared, Inc., d/b/a Suspenders Pizza, Fred Jansen, and Sande Dahl, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1983.


Attorney(s) appearing for the Case

Peter R. Taft, Munger, Tolles, Rickershauser, Los Angeles, Cal., for Shakey's Inc.

Garry P. McMurry, Rankin, McMurry, Osburn, Vavrosky & Doherty, Portland, Or., Richard A. Carlson, Drakulich & Carlson, Portland, Or., for Isabel Covalt, et al.

Before CHOY, TANG, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

This case involves claims of trademark infringement, unfair competition, and breach of contract. It arose after the defendant pizza parlor operators terminated their affiliation with Shakey's Inc. (Shakey's), a national pizzeria chain. After letting a franchise agreement with Shakey's expire, the defendants continued to operate their pizza parlors under different names ("Izzy's" [3 parlors] and "Suspenders" [1 parlor]). Because of alleged...

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