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SPARTAN FOOD SYSTEMS, INC. v. HFS CORP.

No. 86-2092.

813 F.2d 1279 (1987)

SPARTAN FOOD SYSTEMS, INC., Plaintiff-Appellant, v. HFS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1987.

Attorney(s) appearing for the Case

Barry Eastburn Bretschneider (Douglas P. Mueller, Gerald L. Lett, Wegner & Bretschneider, Washington, D.C., Louis P. Howell, Spartanburg, S.C., Spartan Food Systems, Inc., on brief), for plaintiff-appellant.

John Sidney Hale (Gipple & Hale, David McC. Eastbrook, Washington, D.C., Creeger & Creeger, on brief), for defendant-appellee.

Before WIDENER, Circuit Judge, BUTZNER, Senior Circuit Judge, and SIMONS, Senior District Judge for the District of South Carolina, sitting by designation.

BUTZNER, Senior Circuit Judge:

Spartan Food Systems appeals from the district court's judgment dismissing its complaint against H.F.S. Corporation and from the district court's injunction restraining Spartan from using its federally registered service mark, QUINCY'S, for restaurant services throughout Virginia. Because H.F.S. is not entitled to bar Spartan from using its mark in all areas of the state, we reverse dismissal of the complaint, dissolve the injunction...

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