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FRISCH'S RESTAURANT, INC. v. SHONEY'S INC.

No. 84-3240.

759 F.2d 1261 (1985)

FRISCH'S RESTAURANT, INC., Plaintiff-Appellant, v. SHONEY'S INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Carl Genberg (argued), Genberg and Aucoin, Columbus, Ohio, for plaintiff-appellant.

Virginia Conlan Whitman, Thomas L. Conlan, Cincinnati, Ohio, Gary M. Brown (argued), Ward DeWitt, Trabue, Sturdivant & DeWitt, Nashville, Tenn., for defendant-appellee.

Before KENNEDY, KRUPANSKY and MILBURN, Circuit Judges.

KRUPANSKY, Circuit Judge.

Plaintiff-appellant Frisch's Restaurants, Inc. (Frisch's) initiated this proceeding alleging a cause of action under the Lanham (Trademark) Act, 15 U.S.C. § 1125(a), seeking monetary damages, and injunctive relief against defendant-appellee Shoney's Inc. (Shoney's) enjoining Shoney's from constructing or continuing to operate any restaurant under the name "Shoney's" in states in which Frisch's has the exclusive right to use the "Big...

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