083999P.pdf   03/22/2010  Pinnacle Pizza Company  v.  Little Caesar Enterprises
   U.S. Court of Appeals Case No:  08-3999
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Smith, Author, with Riley and Gruender, Circuit
   Judges]
   Civil case - Franchise law. If defendant breached the franchise
   agreement, it made a single breach in 1997, and plaintiff's breach
   of contract claims are time-barred; plaintiff's claim under the
   South Dakota Franchise Act is also time-barred; with respect to the
   dispute over the use of the phrase "Hot-N-Ready," the franchise
   agreement expressly authorized the defendant's actions, and they were
   not deceptive or taken in bad faith; as a result, plaintiff could not
   prove fraud in defendant's trademark application, and the district
   court did not err in denying plaintiff's claim for cancellation of
   defendant's federal trademark for the phrase; district court did not
   err in finding that plaintiff's actions in trying to cancel defendant's
   trademark violated the franchise agreement and breached the parties'
   contract.