Mother's Restaurant Incorporated v. Mama's Pizza, Inc.
Court of Appeals for the Federal Circuit
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…
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