Sardi's Restaurant Corporation, Sardi's Restaurant Services, Inc., and Vincent Sardi v. Lyle Sardie and Western Pubs, Inc.

755 F.2d 719 226 U.S.P.Q. 23 SARDI'S RESTAURANT CORPORATION, Sardi's Restaurant Services, Inc., and Vincent Sardi, Plaintiffs/Appellants, v. Lyle SARDIE and Western Pubs, Inc., Defendants/Appellees. C.A. No. 84-5712. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 7, 1985. Decided March 12, 1985. Ira M. Siegel, Blakely, Sokoloff, Taylor & Zafman, Beverly Hills, Cal., for plaintiffs/appellants. John M. Carmack, Gill & Baldwin, Glendale, Cal., for defendants/appellees. Appeal from the United States District Court for the Central District of California. Before BOOCHEVER and BEEZER, Circuit Judges, and HARDY, * District Judge. BEEZER, Circuit Judge: 1 The owner of "Sardi's" restaurant in New York City appeals a district court's refusal to issue a preliminary injunction against the use of the name "Sardie's" by a restaurant owner in Burbank, California. We affirm. FACTS 2 The Sardi family has been operating "Sardi's" restaurant in the New York City theater district since 1921. Although "Sardi's" seldom advertises, it is often featured in television shows, movies and periodicals, and apparently has a national reputation, especially among actors.…