S & R CORP. v. JIFFY LUBE INTERN., INC.

Nos. 91-5614, 91-5887.

968 F.2d 371 (1992)

S & R CORPORATION; and Steven Durst v. JIFFY LUBE INTERNATIONAL, INC., (a Nevada Corporation); Jiffy Lube International of Maryland, Inc.; W. James Hindman; and Edward F. Kelley, III. Jiffy Lube International, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 23, 1992.


Attorney(s) appearing for the Case

John B. Kearney, Gino J. Benedetti (argued), Kenney & Kearney, Cherry Hill, N.J., for appellees.

Hugh J. Hutchison (argued), Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., Kathryn A. Winterle, Montgomery, McCracken, Walker & Rhoads, Cherry Hill, N.J., for Jiffy Lube Intern., Inc.

Peter J. Klarfeld, Christine E. Lanzon, Tacie H. Yoon, Brownstein Zeidman and Schomer, Washington, D.C., Neil A. Simon, The Intern. Franchise Ass'n, Washington, D.C., for amicus curiae, The Intern. Franchise Ass'n.

Before: HUTCHINSON, ALITO and ROTH, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

This multi-faceted case began with a suit by Appellees S & R Corporation and Durst (collectively "Durst") against Appellant Jiffy Lube1, claiming breach of a trademark license agreement. The present appeal arises from the district court's denial of Jiffy Lube's motion for a preliminary injunction to halt Durst's continued use of the Jiffy Lube trademark. Durst has continued to use...

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