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PEACHES ENTERTAINMENT v. ENTERTAINMENT REPERTOIRE

No. 94-30055.

62 F.3d 690 (1995)

PEACHES ENTERTAINMENT CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. ENTERTAINMENT REPERTOIRE ASSOCIATES, INC., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 16, 1995.

Attorney(s) appearing for the Case

Stephen B. Lemann, Gerard A. Bos, Monroe & Lemann, New Orleans, LA, for appellant.

A. Justin Ourso, III, Thomas J. Cortazzo, Jones, Walker, Waechter, Poitevent Carrère & Denègre, Baton Rouge, LA, for appellee.

Before HIGGINBOTHAM, SMITH and STEWART, Circuit Judges.

STEWART, Circuit Judge:

Peaches Entertainment Corporation ("PEC"), owner of the federally registered service mark PEACHES, appeals the district court's judgment, which held that Entertainment Repertoire Association, Inc. ("ERA"), retained limited, exclusive rights to use a similar mark within stores in two parishes in Louisiana and advertise in five more. ERA appeals the district court's holding that limited future store expansion to the two parishes where it had...

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