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ZATARAINS, INC. v. OAK GROVE SMOKEHOUSE, INC.

No. 81-3573.

698 F.2d 786 (1983)

ZATARAINS, INC., Plaintiff-Appellant Cross-Appellee, v. OAK GROVE SMOKEHOUSE, INC., and Visko's Fish Fry, Inc., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 25, 1983.

Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer & Matthews, Wm. R. Forrester, Jr., New Orleans, La., for plaintiff-appellant cross-appellee.

Butler & Reynolds, Peter J. Butler, New Orleans, La., for Visko's Fish Fry, Inc.

E. Wade Shows, Baton Rouge, La., for Oak Grove Smokehouse.

Before GOLDBERG, GEE and HIGGIN-BOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

This appeal of a trademark dispute presents us with a menu of edible delights sure to tempt connoisseurs of fish and fowl alike. At issue is the alleged infringement of two trademarks, "Fish-Fri" and "Chick-Fri," held by appellant Zatarain's, Inc. ("Zatarain's"). The district court held that the alleged infringers had a "fair use" defense to any asserted infringement of the term "Fish-Fri" and that...

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