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ELBY'S BIG BOY OF STEUBENVILLE, INC. v. FRISCH'S RESTAURANTS, INC.

No. 81-2012.

459 U.S. 916 (1982)

ELBY'S BIG BOY OF STEUBENVILLE, INC., ET AL. v. FRISCH'S RESTAURANTS, INC.

Supreme Court of United States.

October 12, 1982.

Certiorari denied.

JUSTICE WHITE, dissenting.

One of the questions presented by this case is whether a district court's finding of a likelihood of confusion for purposes of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), is reviewable under the "clearly erroneous" standard, as a question of fact, or de novo, as a legal conclusion. Because there is a split in the lower courts on this question, compare Sun Banks of Florida, Inc. v.

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