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MORTON v. RANK AMERICA, INC.

No. CV 92-0610 RG (Kx).

812 F.Supp. 1062 (1993)

Peter A. MORTON, an individual; Hard Rock Cafe Investors, Ltd., a California limited partnership; Hard Rock Cafe Investors IV, a California limited partnership; Hard Rock Cafe Investors V, a California limited partnership; Hard Rock Cafe Investors VI, a California limited partnership; Hard Rock Cafe Investors VII, a California limited partnership; Hard Rock Cafe Investors VIII, a California limited partnership; Hard Rock Cafe Investors IX, a Nevada limited partnership; Hard Rock Cafe Investors X, a California limited partnership; Hard Rock Cafe Investors XI, a California limited partnership, Plaintiffs, v. RANK AMERICA, INC., a Georgia corporation; Planet Hollywood, Inc., a Florida corporation; Planet Hollywood, Inc., a Delaware corporation; Hard Rock Cafe International, Inc., a Delaware Corporation; Robert Earl; and Keith Barish, Defendants.

United States District Court, C.D. California.

January 28, 1993.

Attorney(s) appearing for the Case

Harry B. Swerdlow, Cooper, Epstein & Hurewitz, Beverly Hills, CA, James E. Hornstein, Greenberg, Glusker, Fields, Claman & Machtinger, Los Angeles, CA, for plaintiffs.

Maxwell M. Blecher, Blecher & Collins, John J. Quinn, Quinn, Kully and Murrow, Los Angeles, CA, Michael O. Warnecke, Keck, Mahin & Cate, Chicago, IL, Seth M. Hufstedler, Hufstedler, Kaus & Ettinger, Howard L. Weitzman, Katten, Muchin, Zavis & Weitzman, Los Angeles, CA, for defendants.

MEMORANDUM DECISION & ORDER

GADBOIS, District Judge.

The Defendants' Motion to Dismiss came on for hearing before this Court on Monday, October 19, 1992, at 10:00 a.m. Having considered the moving and opposition papers and arguments of counsel, the Court rules as follows:

I. Background

Plaintiff Peter Morton owns the rights to the Hard Rock Cafe trademark in the western half of the United States. Morton, along with a consortium...

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