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J & J SNACK FOODS, CORP. v. EARTHGRAINS CO.

Civil Action No. 00-6230 (JBS).

220 F.Supp.2d 358 (2002)

J & J SNACK FOODS, CORP., Plaintiff, v. The EARTHGRAINS CO., et al., Defendants.

United States District Court, D. New Jersey.

September 25, 2002.

Attorney(s) appearing for the Case

Timothy D. Pecsenye, Esquire, William C. Mead, Jr., Esquire, Blank Rome Comisky & McCauley LLP, Cherry Hill, NJ, for Plaintiff.

Donald A. Robinson, Esquire, Robinson & Livelli, Newark, NJ, and Richard Lehv, Esquire, Jessica Mann, Esquire, Fross, Zelnick, Lehrman & Zissu, P.C., New York City, for Defendant The Earthgrains Co.

OPINION

SIMANDLE, District Judge.

In recent years, a category of cookie dough products has emerged in which pre-formed frozen or refrigerated cookie dough is sold to the consumer in sheet form. The consumer needs only to break the cookie dough apart and bake it in an oven to produce fresh-baked cookies. This break-and-bake characteristic forms the context of this trademark dispute over the "BREAK & BAKE" mark.

This action is before the Court...

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