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COACH HOUSE RESTAURANT v. COACH AND SIX RESTAURANTS

No. 89-8815.

934 F.2d 1551 (1991)

COACH HOUSE RESTAURANT, INC., Plaintiff-Appellant, v. COACH AND SIX RESTAURANTS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 11, 1991.

Attorney(s) appearing for the Case

Nicholas L. Coch, New York City, for plaintiff-appellant.

Virginia S. Taylor, Miles J. Alexander, Kilpatrick & Cody, Atlanta, Ga., Donald A. Kaul, Brownstein, Zeidman & Schomer, Washington, D.C., for defendant-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and EDWARD S. SMITH, Senior Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge:

Petitioner, The Coach House Restaurant, Inc. (Coach House) seeks to cancel the federal registration of the servicemark owned by the registrant, The Coach and Six Restaurants, Inc. (Coach and Six). The Trademark Trial and Appeals Board (TTAB) estopped the petition because it found that petitioner had acquiesced in registrant's use of the mark. Petitioner appealed the decision to the United States District Court for the Northern...

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