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FRISCH'S RESTAURANTS, INC. v. ELBY'S BIG BOY, ETC.

No. C-2-78-1316.

514 F.Supp. 704 (1981)

FRISCH'S RESTAURANTS, INC., Plaintiff, v. ELBY'S BIG BOY OF STEUBENVILLE, INC., et al., Defendants.

United States District Court, S. D. Ohio, E. D.

January 20, 1981.

Attorney(s) appearing for the Case

Gary D. Greenwald, Carl Genberg, Columbus, Ohio, for plaintiff.

Keith A. Sommer, Martins Ferry, Ohio, Arthur M. Recht, Wheeling, W. Va., Thomas J. Collin, Cleveland, Ohio, for defendants.

MEMORANDUM AND ORDER

DUNCAN, District Judge.

This matter is before the Court on plaintiff's motion for preliminary injunction pursuant to Fed.R.Civ.P. 65. This is a trademark infringement action brought under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), common law principles of unfair competition, and Ohio's Deceptive Trade Practices Act. For the reasons stated below, the plaintiff's request for preliminary injunctive relief is granted in part...

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