Professional Responsibility Keyed to Hazard
Brennan’s Inc. v. Brennan’s Restaurants, Inc.
The Brennan family owned and closely held all the corporate parties. Wegmann jointly represented all the family businesses in a successful application for registration of three trademarks. Later, a dispute within the Brennan family was resolved by dividing the stock between two opposing groups. Brennan’s, Inc. (Plaintiff) went to one group, and Brennan’s Restaurants (Defendant) went to the other group. Wegmann chose to represent Brennan’s Restaurants (Defendant), and therefore cut his ties with Brennan’s Inc. (Plaintiff). This suit was filed aftr both groups claimed ownership of the registered trademarks. Wegmann retained Spring to assist him in the defense of Brennan’s Restaurants (Defendant). Brennan’s, Inc. (Plaintiff) moved to have both attorneys disqualified. The district court granted the motion, and this appeal followed.
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