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PIZZERIA UNO CORP. v. TEMPLE

No. 83-1493.

747 F.2d 1522 (1984)

PIZZERIA UNO CORPORATION, Appellant, v. James W. TEMPLE, Jr., d/b/a Taco Uno, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Edward F. Perlman, Boston, Mass. (George L. Greenfield, Wolf, Greenfield & Sacks, P.C., Boston, Mass., on brief), for appellant.

Cort Flint, Jr., Greenville, S.C. (Dority & Flint, Greenville, S.C., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, Circuit Judge, and WARRINER, United States District Judge for the Eastern District of Virginia, sitting by designation.

DONALD RUSSELL, Circuit Judge:

The plaintiff, the assignee of a registered trademark, asserts two causes of action for injunctive relief, one to restrain alleged infringement of its registered trademark by the defendant under 15 U.S.C. §§ 1114(1), 1125(a), and the other under state common law to restrain the defendant's unfair competition in the alleged exploitation of plaintiff's trademark, with jurisdiction based on 15 U.S.C. § 1121, and 28 U.S.C...

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