Fleming Companies, Inc. v. Thriftway, Inc.

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

SPIEGEL, District Judge.

This matter is before the Court on the Defendant’s Motion to Dismiss (doc. 3), the Defendant’s Brief in Support of its Motion to Dismiss (doc. 4), the Plaintiff’s Reply Memorandum in Opposition to the Defendant’s Motion to Dismiss (doc. 7), and the Defendant’s Memorandum in Response to the Plaintiff’s Memorandum (doc. 8).

BACKGROUND

This action follows a decision of the Trademark Trial and Appeals Board (“TTAB”) denying the Plaintiff concurrent registration covering a certain trading area, of the trademark “THRIFTWAY.” In prior…