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TREE TAVERN PRODUCTS, INC. v. CONAGRA, INC.

Civ. A. No. 86-156 CMW.

640 F.Supp. 1263 (1986)

TREE TAVERN PRODUCTS, INC., Plaintiff, v. CONAGRA, INC., Defendant.

United States District Court, D. Delaware.

August 12, 1986.

Attorney(s) appearing for the Case

Harold Pezzner, of Collolly, Bove, Lodge & Hutz, Wilmington, Del. (Lawrence I. Lerner, Esquire and Paul H. Kochanski, of Lerner, David, Littenberg, Krumholz and Mentlik, Westfield, N.J., of counsel), for plaintiff.

Walter L. Pepperman, II, and Palmer L. Whisenant, of Morris Nichols Arsht & Tunnell, Wilmington, Del. (Richard H. Compere, Esquire and Jeffery A. Handelman, of Willian Brinks Olds Hofer Gilson & Lione Ltd., Chicago, Ill., of counsel), for defendant.

CALEB M. WRIGHT, Senior District Judge.

Plaintiff Tree-Tavern, Inc. seeks a preliminary injunction in this trademark infringement action. Plaintiff holds exclusive rights to the 20-year-old, registered trademark "Side Dish", under which it sells frozen stuffed potatoes flavored with cheddar cheese and frozen stuffed potatoes flavored with sour cream and chives in a geographic area extending from Massachusetts to the suburbs of Washington, D.C.. In 1985, defendant...

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