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FRISCH'S RESTAURANTS, INC. v. ELBY'S BIG BOY OF STEUBENVILLE

No. 87-3600.

849 F.2d 1012 (1988)

FRISCH'S RESTAURANTS, INC., Plaintiff-Appellant, v. ELBY'S BIG BOY OF STEUBENVILLE, OHIO; Elby's Family Restaurant of Cambridge, Inc.; Park Corporation of Ohio; Elby's Family Restaurant of Bridgeport Martins Ferry, Inc.; Elby's Family Restaurants, Inc.; John Doe d/b/a Elby's Family Restaurant of Marietta, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 22, 1988.

Rehearing and Rehearing Denied September 2, 1988.

Attorney(s) appearing for the Case

Arthur M. Recht, Volk, Frankovich, Anetakis, Recht, Robertson & Hellerstedt, Wheeling, W. Va., Albert Robin (argued), New York City, for defendants-appellees.

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

Before MERRITT and KENNEDY, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 2, 1988.

MERRITT, Circuit Judge.

In this civil action for registered trademark infringement under § 32(1) of the Lanham Act [15 U.S.C. § 1114(1)], statutory unfair competition under § 43(a) of the Lanham Act [15 U.S.C. § 1125(a)], violation of the Ohio Deceptive Trade Practices Act [Ohio Rev.Code Ann. §§ 4165.01-4165.04], and breach of contract, plaintiff-appellant Frisch's Restaurants...

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