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PIZZAZZ PIZZA & RESTAURANT v. TACO BELL CORP.

No. C85-2543.

642 F.Supp. 88 (1986)

PIZZAZZ PIZZA & RESTAURANT, et al., Plaintiffs, v. TACO BELL CORPORATION, and Pepsico, Inc., et al., Defendants.

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

March 24, 1986.

Attorney(s) appearing for the Case

John C. Spiccia, Anthony Mastroiani, Cleveland, Ohio, J. Ross Haffey, Bernard, Haffey & Bosco, Lyndhurst, Ohio, for plaintiffs.

Jack C. Berenzweig, Thomas M. O'Malley, Jeffrey A. Handelman, Willian Brinks Olds Hoffer Gilson & Lione, Chicago, Ill., Mark I. Wallach, Mitchell G. Blair, Calfee, Halter & Griswold, Cleveland, Ohio, for defendants.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

Plaintiffs John J. Spiccia and Marie B. Spiccia, owners of Pizzazz Pizza and Restaurant, have moved for a preliminary injunction to prevent defendant Taco Bell from selling, marketing or advertising a product under the name "Pizzazz" in the State of Ohio; plaintiffs allege that defendants have infringed on their trademark and trade name in violation of the Ohio Uniform Deceptive Trade Practices Act, Ohio...

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