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UNO'S PIZZA, INC. v. PIZZERIA UNO CORP.

No. CIV-89-1154C.

722 F.Supp. 971 (1989)

UNO'S PIZZA, INC., Plaintiff, v. PIZZERIA UNO CORPORATION, Uno Restaurants, Inc., and Pyramid Companies, Defendants.

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

October 13, 1989.

Attorney(s) appearing for the Case

Sommer, Oliverio & Sommer (Daniel C. Oliverio, of counsel), Buffalo, N.Y., for plaintiff.

Wolf, Greenfield & Sacks (John L. Welch, of counsel), Boston, Mass., and Saperston & Day (Tricia T. Semmelheck, of counsel), Buffalo, N.Y., for defendants Pizzeria Uno Corp. and Uno Restaurants.

Rodgers, Menard & Coppola (Mark C. Rodgers, of counsel), Buffalo, N.Y., for defendant Pyramid Companies.

BACKGROUND

CURTIN, District Judge.

Plaintiff Uno's Pizza, Inc., commenced this action against defendants Pizzeria Uno Corporation ("Pizzeria Uno"), Uno Restaurants, Inc. ("Uno Restaurants"), and the Pyramid Companies ("Pyramid") seeking a declaration by the court that it has a superior right to use the mark "UNO," or "any colorable variation thereof," for restaurant services or related enterprises in the plaintiff's established trading area in western New...

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