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PAPPAN ENTERPRISES v. HARDEE'S FOOD SYSTEMS

No. 97-3473.

143 F.3d 800 (1998)

PAPPAN ENTERPRISES, INC., v. HARDEE'S FOOD SYSTEMS, INC.; MRO Mid-Atlantic Corp., Appellants, v. Louis D. PAPPAN; Panagiota Pappan.

United States Court of Appeals, Third Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Arthur I. Cantor (Argued), Peter J. Klarfeld, Andrew P. Zappia, Wiley, Rein & Fielding, Washington, DC, for Appellants.

Gene J. Brockland (Argued), Mark R. Dunn, Lori F. Kutilek, Herzog, Crebs & McGhee, St. Louis, MO, for Appellees.

Before: STAPLETON and ALITO, Circuit Judges, and O'KELLEY, District Judge.

OPINION OF THE COURT

O'KELLEY, Senior District Judge:

Hardee's Food Systems, Inc. ("Hardee's") and MRO Mid-Atlantic Corp. ("MRO") appeal from the district court's order denying their motion for a preliminary injunction to restrain Pappan Enterprises, Inc. ("Pappan") from using the ROY ROGERS marks owned by Hardee's and MRO.1 Because we find that Hardee's and MRO have clearly established irreparable injury to their marks from...

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