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JENO'S v. COMMISSIONER OF PATENTS & TRADEMARKS

Civ. No. 4-80-10.

498 F.Supp. 472 (1980)

JENO'S INC., Plaintiff, v. COMMISSIONER OF PATENTS AND TRADEMARKS OF the UNITED STATES, and Assistant Commissioner for Trademarks, Defendants.

United States District Court, D. Minnesota, Fourth Division.

September 5, 1980.

Attorney(s) appearing for the Case

Dorsey, Windhorst, Hannaford, Whitney & Halladay by Peter Dorsey and Ronald J. Brown, Minneapolis, Minn. and Hume, Clement, Brinks, William & Olds, Ltd. by Richard G. Lione and Richard H. Compere, Chicago, Ill., for plaintiff.

Thomas K. Berg, U. S. Atty., by Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., for defendants.

MEMORANDUM AND ORDER

MILES W. LORD, District Judge.

Before the Court are parties' motion and cross motion for summary judgment. After careful consideration of the entire file, all proceedings and counsel's memoranda, the Court is prepared to rule.

I. FACTS

Counsel have stipulated that for the purpose of disposing of the instant matter, the following constitutes the relevant and undisputed set of facts:

1. In January, 1970, plaintiff...

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