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NEFF v. AMERICAN DAIRY QUEEN CORP.

No. 94-50552.

58 F.3d 1063 (1995)

Margo NEFF, for herself and those similarly situated, Plaintiff-Appellant, v. AMERICAN DAIRY QUEEN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 1995.

Attorney(s) appearing for the Case

Pamela Breed Bonavita, Advocacy Inc., James C. Harrington, Austin, TX, for appellant.

David W. Koch, Philip F. Zeidman, Brownstein, Zeidman & Lore, Washington, DC, Lewis G. Rudnick, John F. Verhey, Rudnick & Wolfe, Chicago, IL, Matthew R. Shay, The Intern. Franchise Ass'n, Washington, DC, amicus brief, Intern. Franchise Ass'n.

Joseph M. Harrison, IV, Haynes & Boone, San Antonio, TX, William L. Killion, Troy A. Bader, Mark C. Kruger, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for appellee.

Dan Morales, Atty. Gen. for Texas, Austin, TX, Marie K. McElderry, Jessica Dunsay Silver, Dept. of Justice, Washington, DC, amicus brief, U.S.

Before REAVLEY, GARWOOD and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Margo Neff appeals from the district court's entry of summary judgment on her claims against American Dairy Queen Corporation ("ADQ") under the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (West Supp.1995) ("ADA"). We affirm.

I

ADQ owns the federally registered "Dairy Queen" trade name and various trademarks and service marks used in connection with the operation of licensed Dairy Queen stores...

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