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BARBECUE MARX, INC. v. 551 OGDEN, INC.

No. 00-3110.

235 F.3d 1041 (2000)

BARBECUE MARX, INCORPORATED, Plaintiff-Appellee, v. 551 OGDEN, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 22, 2000.

Attorney(s) appearing for the Case

Max Shaftal (argued), Shaftal & Associates, Chicago, IL, for Plaintiff-Appellee.

Kevin Tottis (argued), Chicago, IL, for Defendant-Appellant.

Before BAUER, COFFEY, and EASTERBROOK, Circuit Judges.

BAUER, Circuit Judge.

Barbecue Marx, Inc. ("Barbecue Marx"), owner of the barbecue restaurant SMOKE DADDY, sued for trademark infringement to prevent 551 Ogden, Inc. ("Ogden") from using the name "BONE DADDY" for its forthcoming barbecue restaurant. Barbecue Marx petitioned the district court for a preliminary injunction to prevent Ogden from using BONE DADDY while the underlying case was pending. The district court granted the preliminary injunction and Ogden now...

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