Quimbee logo
DMCA.com Protection Status

Brennan's, Inc. v. Brennan's Restaurants, Inc.

590 F.2d 168 (1979)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Brennan’s, Inc. v. Brennan’s Restaurants, Inc.

United States Court of Appeals for the Fifth Circuit

590 F.2d 168 (1979)

Facts

The Brennans were a well-established, New Orleans, Louisiana-based family that owned and operated restaurants in Louisiana, Texas, and Georgia. Brennan family members were stockholders and directors in Brennan’s, Inc. (plaintiff) and Brennan’s Restaurants, Inc. (defendant) and both companies were represented by attorney Edward Wegmann. Wegmann assisted in obtaining trademarks for the two companies. In 1973, several Brennan family members had a falling out and the two companies were restructured so that one set of family members were sole stockholders in Brennan’s, Inc. and another set of family members were sole stockholders in Brennan’s Restaurants. However, there was no discussion or agreement as to which company would receive the trademarks. Thereafter, Wegmann decided to sever ties with plaintiff and solely represented defendant. Plaintiff filed suit in federal district court against defendant for trademark infringement and unfair competition. Wegmann hired a patent attorney, Arnold Sprung, to assist him in the defense. Plaintiff moved to disqualify Wegmann and Sprung as counsel. The district court granted the motion. Defendant appealed.

Rule of Law

Issue

Holding and Reasoning (Tjoflat, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 606,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 606,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 606,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership