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KERN'S KITCHEN, INC. v. BON APPETIT

No. C 84-1109-L(B).

669 F.Supp. 786 (1987)

KERN'S KITCHEN, INC., et al., Plaintiffs, v. BON APPETIT, et al., Defendants.

United States District Court, W.D. Kentucky, Louisville Division.

May 26, 1987.

Attorney(s) appearing for the Case

Robert A. Donald, III, Donald L. Cox, Louisville, Ky., Clifford W. Browning, Indianapolis, Ind., for plaintiffs.

K. Gregory Haynes, Louisville, Ky., Joan L. Kupersmith Larkin, Thomas Small, Los Angeles, Cal., for defendants.

MEMORANDUM

BALLANTINE, District Judge.

On August 15, 1960, Leaudra C. Kern registered the mark DERBY-PIE with the Office of the Secretary of State of the Commonwealth of Kentucky and on October 7, 1969, registered the mark on the principal register of the United States Patent and Trademark Office.1 Mrs. Kern's daughter, Mary Louise Kern Rupp, is the present owner, through inheritance...

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