T.G.I. FRIDAY'S v. NAT. RESTAUR. MANAGEMENT, INC.

No. 1425, Docket 94-9040.

59 F.3d 368 (1995)

T.G.I. FRIDAY'S INC., Plaintiff-Appellee, v. NATIONAL RESTAURANTS MANAGEMENT, INC., Friday Ventures, L.P., Radio Gourmet, Inc., 484 8th Operating Inc., 47 E. 42nd Street Rest. Inc., 50th Street Management Corp., Friday Ventures, G.P., Inc., TGIF Broadway Operating, Inc., 63 First Operating, Inc., Yorkville Retail Management, Third Avenue 950 Holding Corp., 407 Operating Inc., Fifth 61 Operating Inc., 569 Operating Inc., 420 Operating Inc., 47 Realopp Corp., RN Secaucus, Inc., Murray Riese, Dennis Riese, Defendants-Appellants, Performance Network, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided July 7, 1995.


Attorney(s) appearing for the Case

Edward D. Re, Garden City, NY (Frank J. Livoti, Roberta L. Slattery, Shaw, Licitra, Parente, Esernio & Schwartz, P.C., Garden City, NY, of counsel) for defendants-appellants.

W. Michael Garner, New York City (Nancy D. Zehner, Schnader, Harrison, Segal & Lewis, New York City, of counsel) for plaintiff-appellee.

Before MINER and PARKER, Circuit Judges, and SCHEINDLIN, District Judge.


MINER, Circuit Judge:

Defendants-appellants appeal from a judgment entered on September 15, 1994 in the United States District Court for the Southern District of New York (Roberts, Magistrate Judge) following a bench trial, the court having determined that defendants' use of joint advertising constituted a default of an agreement governing the use of T.G.I. Friday's trademarks and that the defendants failed to effect a timely cure. As a consequence of the default...

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