VALLEY PRODUCTS v. LANDMARK, DIV. OF HOSP. FRANCHISE

Nos. 95-5206, 95-5235.

128 F.3d 398 (1997)

VALLEY PRODUCTS COMPANY, INC., Plaintiff-Appellant, v. LANDMARK, A DIVISION OF HOSPITALITY FRANCHISE SYSTEMS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 22, 1997.


Attorney(s) appearing for the Case

Buckner P. Wellford (argued and briefed), John J. Thomason (briefed), Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, Jerome A. Broadhurst (briefed), Harkavy, Shainberg, Kosten & Pinstein, Memphis, TN, for Plaintiff-Appellant.

Fredric A. Cohen (argued and briefed), Scott A. Lefelar and Marc P. Seidler (briefed), Rudnick & Wolfe, Chicago, IL, David Wade (briefed), Martin, Tate, Morrow & Marston, Memphis, TN, for Defendants-Appellees Landmark, Hospitality Franchise Systems, Inc., Days Inns of America, Inc., Howard Johnson Franchise Systems, Inc., Ramada Franchise Systems, Inc., Park Inns International, Inc., TM Acquisitions, Inc.

Allen T. Malone (briefed), Apperson, Crump, Duzane & Maxwell, Memphis, TN, Martin P. Michael (briefed), Rubin, Baum, Levin, Constant & Friedman, New York City, Benjamin E. Rosenberg, Shereff, Friedman, Hoffman & Goodman, New York City, for Defendant-Appellee Marietta Corporation.

David J. Harris, J. Brooke Lathram (briefed), Burch, Porter & Johnson, Memphis, TN, David W. Wawro (briefed), Haythe & Curley, New York City, for Defendant-Appellee Guest Supply, Inc.

Before: NELSON and MOORE, Circuit Judges; CLELAND, District Judge.


OPINION

DAVID A. NELSON, Circuit Judge.

This is an appeal from the dismissal of an antitrust case. The plaintiff — a soap manufacturer that had been selling logo-bearing "guest amenities" for use in hotels and motels operated under franchises granted by certain of the defendants — was denied permission to use the franchisors' trademarks after two competing soap manufacturers were granted a "preferred supplier" status denied the plaintiff. Claiming...

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