Legal Opinion

Mother's Restaurant Incorporated v. Mama's Pizza, Inc.

Court of Appeals for the Federal Circuit

Decided December 21, 1983No. Appeal 83-948PublishedCited by 183 opinions

1Opinion of the Court

DAVIS, Circuit Judge.

This is an appeal from two decisions of the Trademark Trial and Appeal Board (TTAB or Board) made in the course of proceedings on a petition by appellee Mama’s Pizza, Inc. (Mama’s) to cancel a service mark registration held by appellant Mother’s Restaurants, Inc. (MRI). In the first decision, dated December 24,1980, the TTAB dismissed MRI’s counterclaim for concurrent use. In the second decision of January 24, 1983, the Board granted Mama’s motion for summary judgment on its petition for .cancellation, giving collateral estoppel effect to state court findings of prior use…

2Cases cited12 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. Heckman v. United StatesSupreme Court of the United States · 1912
  5. Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977

7 more not listed; retrieve them via the Exa API.

3Cited by183 opinions

  1. Jet, Inc. v. Sewage Aeration SystemsCourt of Appeals for the Federal Circuit · 2000
  2. In Re Jerre M. FreemanCourt of Appeals for the Federal Circuit · 1994
  3. Umc Electronics Company v. The United States, Cross-AppellantCourt of Appeals for the Federal Circuit · 1987
  4. William Eugene Owen, as of the Estate of Caroline Pearson Payne v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  5. International Order of Job's Daughters v. Lindeburg & CompanyCourt of Appeals for the Federal Circuit · 1984

178 more not listed; retrieve them via the Exa API.

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