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Defendants-appellants appeal from a judgment entered on September 15, 1994 in the United States District Court for the Southern District of New York (Roberts, Magistrate Judge) following a bench trial, the court having determined that defendants' use of joint advertising constituted a default of an agreement governing the use of T.G.I. Friday's trademarks and that the defendants failed to effect a timely cure. As a consequence of the default, the court declared defendants' right to use the trademarks terminated and permanently enjoined defendants from using the marks. We reverse and remand for the court to conduct such further proceedings as may be necessary to make a specific finding as to whether plaintiff had a reasonable basis to believe that defendants' use of joint advertising was inconsistent with plaintiff's efforts to insure the uniformity and validity of the marks.


59 F.3d 368 (1995)

T.G.I. FRIDAY'S INC., Plaintiff-Appellee,


NATIONAL RESTAURANTS MANAGEMENT, INC., Friday Ventures, L.P., Radio Gourmet, Inc., 484 8th Operating Inc., 47 E. 42nd Street Rest. Inc., 50th Street Management Corp., Friday Ventures, G.P., Inc., TGIF Broadway Operating, Inc., 63 First Operating, Inc., Yorkville Retail Management, Third Avenue 950 Holding Corp., 407 Operating Inc., Fifth 61 Operating Inc., 569 Operating Inc., 420 Operating Inc., 47 Realopp Corp., RN Secaucus, Inc., Murray Riese, Dennis Riese, Defendants-Appellants, Performance Network, Inc., Defendant.

No. 1425, Docket 94-9040. United States Court of Appeals, Second Circuit.

Argued March 29, 1995.

Decided July 7, 1995.

New York Law School location: File #2156, Box #135