Brennan's v. Dickie Brennan's: The Fifth Circuit Speaks

Yesterday the U.S. Fifth Circuit decided cross-appeals in Brennan's Inc. v. Dickie Brennan & Co., No. 03-30470. This Brennan-family squabble arose when Dickie Brennan named two of his restaurants after himself (Dickie Brennan's Palace Café and Dickie Brennan's Steakhouse). The branch of the family that operates Brennan's Restaurant was concerned about possible trademark infringement. The facts, trial-court doings, and issues on appeal are complex, requiring the Fifth Circuit to write a 43-page opinion to sort things out. Bottom line: the Fifth Circuit affirmed a jury verdict against Dickie Brennan's, awarding $250,000 in damages for breach of contract, and remanded the case to the Eastern District of Louisiana for trademark-related claims against the owners of Dickie Brennan's.

Posted by RPW at June 29, 2004 02:08 PM