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FUDDRUCKERS, INC. v. DOC'S B.R. OTHERS, INC.

Nos. 85-1929, 85-2394 and 85-2652.

826 F.2d 837 (1987)

FUDDRUCKERS, INC. and Freddie Fuddruckers Franchising, Inc., a Texas corp., Plaintiffs/Counterdefendants/Appellant, v. DOC'S B.R. OTHERS, INC., and Arizona corp., Douglas J. Koppes and Mary F. Koppes, his wife; Dr. Gerald M. Koppes, and Stephen N. Koppes, Defendants/Counterclaimants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1987.

Attorney(s) appearing for the Case

Kimball J. Corson, Phoenix, Ariz., for plaintiffs/counterdefendants/appellant.

Neil Vincent Wake, Phoenix, Ariz., for defendants/counterclaimants/appellees.

Before JAMES R. BROWNING, Chief Judge, and FLETCHER and NELSON, Circuit Judges.

FLETCHER, Circuit Judge:

Fuddruckers, Inc., appeals from a jury verdict denying Fuddruckers' claims for trade dress infringement and unfair competition under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982). We reverse and remand for a new trail.

BACKGROUND

Fuddruckers operates a national chain of "upscale" hamburger restaurants. The restaurants serve hamburgers, hot dogs, wurst, steak, french fries, beans and jalapenos. Although...

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