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MOTHER'S RESTAURANTS INC. v. MOTHER'S BAKERY, INC.

No. Civ-80-202.

498 F.Supp. 847 (1980)

MOTHER'S RESTAURANTS INCORPORATED, Plaintiff, v. MOTHER'S BAKERY, INC. and Mother's Bakery Amherst, Inc., Defendants.

United States District Court, W. D. New York.

October 9, 1980.

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel, Buffalo, N. Y. (David J. Calverley, Buffalo, N. Y., of counsel), and Gottlieb, Rackman & Reisman, P. C., New York City (George Gottlieb, and David S. Kashman, New York City, of counsel), for plaintiff.

Falk, Siemer, Glick, Tuppen & Maloney, Buffalo, N. Y. (Sheldon B. Benatovich, Buffalo, N. Y., of counsel), and Christel, Bean & Linihan, Buffalo, N. Y. (Edwin T. Bean, Jr., and Anna E. Mack, Buffalo, N. Y., of counsel), for defendants.

CURTIN, Chief Judge.

The plaintiff, Mother's Restaurants Incorporated ["MRI"], brought this action seeking a declaratory judgment that its use of the trade names and service marks "Mother's Pizza Parlour," "Mother's Pizza Parlour & Spaghetti House," and "Mother's," in connection with its operation of a then, soon-to-be-opened restaurant on Transit Road, Amherst, New York, would not infringe on any rights of the defendants. The defendants are Mother's Bakery, Inc...

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