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SIZZLER FAM. STEAK HOUSES v. WESTERN SIZZLIN STEAK

No. 85-8908.

793 F.2d 1529 (1986)

SIZZLER FAMILY STEAK HOUSES, a California Corporation, Plaintiff-Appellee, Cross-Appellant, v. WESTERN SIZZLIN STEAK HOUSE, INC., a Georgia Corporation; Western Sizzlin Steak House Franchises, Inc., a Georgia Corporation, and Western Sizzlin, Inc., a Georgia Corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied July 30, 1986.

Attorney(s) appearing for the Case

William J. Cooney, Augusta, Ga., Michael T. Platt, Samuel D. Littlepage, Washington, D.C., for defendants-appellants, cross-appellees.

Patrick J. Rice, Augusta, Ga., William Poms, M. Michael Carpenter, Bernard R. Gans, Los Angeles, Cal., for plaintiff-appellee, cross-appellant.

Before VANCE and JOHNSON, Circuit Judges, and ALLGOOD, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 30, 1986.

VANCE, Circuit Judge:

This is the latest skirmish in a trademark battle which has been raging between two steak house chains since 1967. On a motion by plaintiff Sizzler Restaurants International, Inc. ("Sizzler"), the district court held defendant Western Sizzlin, Inc. ("Western") in civil contempt for violating an order restricting Western's use of the word "Sizzlin." It also imposed sanctions for the...

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