SHONEY'S, INC. v. SCHOENBAUM

Nos. 88-3613, 88-3617.

894 F.2d 92 (1990)

SHONEY'S, INC., a Tennessee corporation, doing business in Virginia as Shoney's, Inc. of Tennessee; Shoney's Lodging, Inc., a Tennessee corporation, Plaintiffs-Appellants, v. Leon SCHOENBAUM; Ruth Ann Schoenbaum; Shoney's, Inc., a Virginia corporation, Defendants-Appellees. SHONEY'S, INC., a Tennessee corporation, doing business in Virginia as Shoney's, Inc. of Tennessee; Shoney's Lodging, Inc., a Tennessee corporation, Plaintiffs-Appellees, v. Leon SCHOENBAUM; Ruth Ann Schoenbaum; Shoney's, Inc., a Virginia corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 16, 1990.


Attorney(s) appearing for the Case

Terence Murphy (Hunter W. Sims, Jr., Kaufman & Canoles, Norfolk, Va., Gary M. Brown, Trabue, Sturdivant & DeWitt, on brief) for appellants.

Michael Bruce Ware (Herbert V. Kelly, Jones, Blechman, Woltz & Kelly, P.C., Newport News, Va., on brief) for appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and DOUMAR, District Judge for the Eastern District of Virginia, sitting by designation.


PHILLIPS, Circuit Judge:

This appeal arises from a dispute over use of the well-known restaurant and motel trade-name, "Shoney's," that arose when Shoney's Lodging, Inc., a wholly-owned subsidiary of Shoney's, Inc. of Tennessee, licensed use of the trade-name "Shoney's Inn" to a motel facility located in an area of eastern Virginia in which the defendants Leon and Ruth Ann Schoenbaum held a previous license for the exclusive operation of restaurants under the "Shoney...

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