Legal Opinion
Schlotzsky's, Ltd. v. Sterling Purchasing & National Distribution Co.
Court of Appeals for the Fifth Circuit
Decided March 5, 2008No. 06-50720PublishedCited by 35 opinions
1Opinion of the Court
SOUTHWICK, Circuit Judge:
After a jury trial, the district court ruled in favor of a restaurant franchisor on claims brought against a food distributor under the Lanham Act. On appeal, the distributor alleges the Lanham Act was inapplicable, that an award of attorney fees and an injunction should be overturned, and that its counterclaims should be reinstated. We disagree and affirm.
FACTS
Schlotzsky’s, Inc., the franchisor for a quick-serve restaurant system, filed for bankruptcy in 2004. Estate assets were sold at bankruptcy court auction. In January 2005, Schlotzsky’s, Ltd. became the owner of…
2Cases cited26 opinions
- Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
- Dastar Corp. v. Twentieth Century Fox Film Corp.Supreme Court of the United States · 2003
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3Cited by35 opinions
- Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
- Harold H. Huggins Realty, Inc. v. FNC, INC.Court of Appeals for the Fifth Circuit · 2011
- Shah v. VHS San Antonio PartnersCourt of Appeals for the Fifth Circuit · 2021
- Morrison v. Western Builders of Amarillo, Inc. (In Re Morrison)Court of Appeals for the Fifth Circuit · 2009
- Eastman Chemical Company v. PlastiPure, IncorporatCourt of Appeals for the Fifth Circuit · 2014
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