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PINNACLE PIZZA CO. v. LITTLE CAESAR ENTERPRISES

No. 08-3999.

598 F.3d 970 (2010)

PINNACLE PIZZA COMPANY, INC., a South Dakota Corporation, Appellant, v. LITTLE CAESAR ENTERPRISES, INC., a Michigan Corporation; LC Trademarks, Inc., a Michigan Corporation; Ilitch Holdings, Inc., a Michigan Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 22, 2010.

Attorney(s) appearing for the Case

Steven W. Sanford, argued, Stephen C. Landon, Michael A. Henderson, Shawn M. Nichols, on the brief, Sioux Falls, SD, for appellant.

Arthur L. Pressman, argued, Boston, MA, Gregg A. Rubenstein, Jason C. Kravitz, Boston MA, Lisa K. Marso, Sioux Falls, SD, Irwin M. Alterman, Ronald S. Nixon, Troy, MI, on the brief, for appellee.

Before RILEY, SMITH, and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Pinnacle Pizza Company, Inc. ("Pinnacle"), a franchisee, brought suit against Little Caesar Enterprises, Inc. (LCE), the franchisor, alleging, inter alia, breach of the corporation's franchise agreement and violation of the South Dakota Franchise Act (SDFA). Pinnacle also sought to cancel LCE's federal trademark for the phrase "Hot-N-Ready." LCE counterclaimed, alleging breach of the franchise agreement on the part of Pinnacle. The district court...

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