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UNIVERSITY OF GEORGIA ATHLETIC ASS'N v. LAITE

No. 84-8179.

756 F.2d 1535 (1985)

UNIVERSITY OF GEORGIA ATHLETIC ASSOCIATION, etc., Plaintiff-Appellee, v. Bill LAITE, individually and d/b/a Bill Laite Distributing Co., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 8, 1985.

Attorney(s) appearing for the Case

William H. Major, Atlanta, Ga., Lamar W. Sizemore, Jr., Macon, Ga., for defendant-appellant.

Nickolas P. Chilivis, Kenneth G. Menedez, Atlanta, Ga., for plaintiff-appellee.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, District Judge.

KRAVITCH, Circuit Judge:

In the fall of 1982, when the fancy of Georgia sports fans turned to thoughts of college football, Bill Laite Distributing Co. ("Laite"), a Macon, Georgia wholesaler of novelty beers, began marketing "Battlin' Bulldog Beer." The beer was sold in red-and-black cans bearing the portrayal of an English bulldog wearing a red sweater emblazoned with a black "G." The bulldog had bloodshot eyes, a football...

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