LONE STAR STEAKHOUSE & SALOON v. ALPHA OF VIRGINIA

No. 93-2076.

43 F.3d 922 (1995)

LONE STAR STEAKHOUSE & SALOON, INCORPORATED; Max Shayne, Incorporated, Plaintiffs-Appellees, v. ALPHA OF VIRGINIA, INCORPORATED, d/b/a Lone Star Grill, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 11, 1995.


Attorney(s) appearing for the Case

ARGUED: Burton J. Fishman, Tucker, Flyer & Lewis, Washington, DC, for appellant. Jeffery Alan Handelman, Willian, Brinks, Hofer, Gilson & Lione, Chicago, IL, for appellees. ON BRIEF: Robert W. Steele, Cheryl M. Browning, McCarthy, Steele & Burke, P.C., Washington, DC, for appellant. Jerome Gilson, Willian, Brinks, Hofer, Gilson & Lione, Chicago, IL, Sandra A. Sellers, Robert W. Zelnick, Willian, Brinks, Hofer, Gilson & Lione, Washington, DC, for appellees.

Before RUSSELL and HAMILTON, Circuit Judges, and SPROUSE, Senior Circuit Judge.


Affirmed in part and reversed and remanded in part by published opinion. Judge RUSSELL wrote the opinion, in which Judge HAMILTON and Senior Judge SPROUSE joined.

OPINION

DONALD RUSSELL, Circuit Judge:

Plaintiffs Lone Star Steakhouse & Saloon, Inc., and Max Shayne, Inc. (hereinafter "Lone Star Steakhouse," "Max Shayne," or "Plaintiffs"), filed this action charging defendant Alpha of Virginia, Inc. (hereinafter "Alpha" or "Defendant"), with trademark...

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