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ELI'S CHICAGO FINEST v. CHEESECAKE FACTORY

No. 98 C 4077.

23 F.Supp.2d 906 (1998)

ELI'S CHICAGO FINEST, INC., Plaintiff, v. THE CHEESECAKE FACTORY, INCORPORATED, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

October 21, 1998.

Attorney(s) appearing for the Case

Irwin C. Alter, Alter & Weiss, Chicago, IL, for, Plaintiff.

Bradford P. Lyerla, Attorney at Law, Reginald Juvann Hill, Ryndak & Lyerla, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

LINDBERG, District Judge.

Plaintiff Eli's Finest, Inc. ("Eli's") filed this action for a declaratory judgment asserting that its use of certain descriptive dessert designations did not interfere with Defendant's trademark rights. Defendant, The Cheesecake Factory, Incorporated, ("Cheesecake Factory") filed a motion to dismiss the complaint, and for the reasons stated below that motion...

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