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FUDDRUCKERS, INC. v. FUDPUCKER'S INC.

No. 3:04CV168/RS/EMT.

436 F.Supp.2d 1260 (2006)

FUDDRUCKERS, INC. and Magic Restaurants, LLC, Plaintiffs, v. FUDPUCKER'S, INC. and Fudpucker's of Fort Walton Beach, Inc. Defendants.

United States District Court, N.D. Florida, Pensacola Division.

May 25, 2006.

Attorney(s) appearing for the Case

Alphonse G. Condon, Patrick Michael Patterson, Emmanuel Sheppard & Condon, Pensacola, FL, Richard Lloyd Schwartz, Whitaker Chalk Swindle ETC, Fort Worth, TX, for Plaintiffs.

Robert Othell Beasley, Litvak Beasley & Wilson LLP, Pensacola, FL, for Defendants.

ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

SMOAK, District Judge.

Before the Court are the parties' cross-motions for partial summary judgment (Doc. 70; Doc. 72).

FACTS

This case involves a contract and trademark dispute between unaffiliated restaurant businesses with similar names. Plaintiffs Fuddruckers, Inc. and Magic Restaurants, LLC ("Fuddruckers") own or franchise over 225 restaurants throughout the United States and...

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