WHEREAS, REGISTRATION NO. 1,066,457 HAS BEEN INVOLVED IN CONCURRENT USE PROCEEDING NO. 482, SPANKY'S INC. V. WINEGARDNER & HAMMONS OPERATIONS, INC.; AND WHEREAS IT HAS BEEN DETERMINED THAT REGISTRANT'S RIGHTS IN THE MARK SHOWN IN SAID REGISTRATION FOR THE SERVICES SPECIFIED THEREIN ARE SUPERIOR ONLY IN THAT AREA OF THE UNITED STATES EXCLUDING THEREFROM THE STATES OF NEW JERSEY, PENNSYLVAINIA, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE, MISSISSIPPI, ALABAMA, GEORGIA, FLORIDA, NEW YORK, CONNECTICUT, RHODE ISLAND, DELAWARE, MASSACHUSETTS, VERMONT, NEW HAMPSHIRE, MAINE, WEST VIRGINIA, EXCEPT FOR THE COUNTIES OF MONONGALIA, TAYLOR, MARION, HARRISON, HANCOCK, BROOKE, OHIO, MARSHALL, WETZEL, DODDRIDGE, TYLER, RITCHIE, PLESANTS, WOOD, JACKSON, MASON, CABELL, AND WAYNE, AND THE DISTRICT OF COLUMBIA; AND NOW, THEREFORE, IT IS ORDERED THAT SAID REGISTRATION BE, AND THE SAME HEREBY IS, RESTRICTED BY EXCLUDING THEREFROM THE STATE OF NEW JERSEY, PENNSYLVAINIA, MARYLAND, VIRGINIA, NORTH CAROLINA, SOUTH CAROLINA, TENNESSEE, MISSISSIPPI, ALABAMA, GEORGIA, FLORIDA, NEW YORK, CONNECTICUT, RHODE ISLAND, DELAWARE, MASSACHUSETTS, VERMONT, NEW HAMPSHIRE, MAINE, WEST VIRGINIA, EXCEPT FOR THE COUNTIES OF MONONGALIA, TAYLOR, MARION, HARRISON, HANCOCK, BROOKE, OHIO, CABELL, AND WAYNE, AND THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18 OF THE TRADEMARK ACT OF 1946.