Jeno's Inc. v. Commissioner of Patents & Trademarks

MEMORANDUM AND ORDER

MILES W. LORD, District Judge.

Before the Court are parties’ motion and cross motion for summary judgment. After careful consideration of the entire file, all proceedings and counsel’s memoranda, the Court is prepared to rule.

I. FACTS

Counsel have stipulated that for the purpose of disposing of the instant matter, the following constitutes the relevant and undisputed set of facts:

1. In January, 1970, plaintiff filed a first trademark application in the U.S. Patent and Trademark Office seeking to register PIZZA ROLLS as a trademark for frozen pasta snacks.

2. In due course,…