Conan Properties, Inc. v. Conans Pizza, Inc.

752 F.2d 145 (1985)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Conan Properties, Inc. v. Conans Pizza, Inc.

United States Court of Appeals for the Fifth Circuit
752 F.2d 145 (1985)

Facts

Conan the Barbarian (Conan) was a fictional character. L. Sprague deCamp wrote many Conan books, which Frank Frazetta often illustrated. Frazetta also illustrated other characters closely resembling Conan. Conan Properties, Inc. (CPI) (plaintiff), in which deCamp was a partner, owned the literary property rights to Conan. Conans Pizza, Inc. (Pizza) (defendant) was a pizzeria chain founded in Austin, Texas. Pizza’s stores and marketing material featured a character closely resembling Conan, and Pizza decorated its restaurants with Frazetta’s illustrations of Conan and Conan-like characters. During a visit to Pizza’s original store soon after it opened, deCamp identified himself as a creator of Conan and wished Pizza success. DeCamp told CPI about Pizza, leading its board periodically to discuss potential trademark issues. Meanwhile, between 1976 and 1980, Pizza opened four additional restaurants in Austin. In January 1981, CPI demanded Pizza cease using the Conan trademark, but Pizza continued to use the Conan name and display Frazetta’s depictions of Conan-like characters. In January 1982, Pizza opened a restaurant in San Antonio, Texas, its first non-Austin store. In March 1982, upon learning that Pizza was considering a national franchising plan and had applied for a federal service-mark registration, CPI sued Pizza alleging, among other things, that Pizza was infringing CPI’s trademark in violation of the Lanham Act. Pizza asserted laches and acquiescence defenses. The jury found for CPI on infringement and for Pizza on laches and acquiescence. CPI then moved for a permanent injunction prohibiting Pizza from using the CONANS PIZZA mark nationwide. The district court denied CPI’s motion for injunctive relief due to laches and acquiescence. CPI appealed.

Rule of Law

Issue

Holding and Reasoning (Williams, J.)

Dissent (Clark, C.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 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  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.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 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 832,000 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
  • 46,400 briefs - keyed to 994 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