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PRUFROCK LTD., INC. v. LASATER

No. 85-1024.

781 F.2d 129 (1986)

PRUFROCK LTD., INC., Appellee, v. Dan LASATER; Allan Roberts; Garland Streett; Dixie Management, Inc., Individually & d/b/a Spring House Restaurant, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1986.

Rehearing and Rehearing Denied February 12, 1986.

Attorney(s) appearing for the Case

Jerre B. Swann, Atlanta, Ga., for appellants.

Alan S. Loewinsohn, Dallas, Tex., for appellee.

Before ARNOLD and FAGG, Circuit Judges, and HARPER, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 12, 1986.

FAGG, Circuit Judge.

Dan Lasater, Allan Roberts, Garland Streett, and Dixie Management, Inc. (collectively Dixie Management), appeal from the portion of the district court's order that enjoins Dixie Management from using in its restaurant a trade dress confusingly similar to the trade dress Prufrock Ltd., Inc. (Prufrock) uses in its restaurants. Prufrock's action is based on section 43(a) of the Lanham...

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