Legal Opinion

Barbecue Marx, Inc. v. 551 Ogden, Inc.

District Court, N.D. Illinois

Decided August 10, 2000No. 00 C 3433Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Barbecue Marx, doing business as “Smoke Daddy” barbecue restaurant, moves for a preliminary injunction preventing 551 Ogden, Inc. from using the name “Bone Daddy” for the barbecue restaurant it intends to open less than one mile and a half away. For the reasons stated herein, I grant the motion.

I

Since opening its doors at 1804 West Division Street in Chicago, Illinois, in August of 1994, Smoke Daddy has served up hefty portions of its Texarkana barbecue to all comers. Business developed slowly, but Smoke Daddy has now reached a level of…

2Cases cited14 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
  3. Cooper v. SalazarCourt of Appeals for the Seventh Circuit · 1999
  4. Computer Care, Plaintiff-Appellee/cross-Appellant v. Service Systems Enterprises, Inc. And Larry Aronson, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Seventh Circuit · 1992
  5. Processed Plastic Company, Counterdefendant-Appellant v. Warner Communications, Inc., and Warner Bros., Inc., Counterplaintiff-AppelleeCourt of Appeals for the Seventh Circuit · 1982

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