Boston Chicken, Inc. v. Market Bar-B-Que, Inc.

MEMORANDUM ORDER

GETTLEMAN, District Judge.

Plaintiff Boston Chicken, Inc. filed this declaratory judgment action seeking to have the court determine whether there is a likelihood of confusion between plaintiffs mark BOSTON MARKET and defendant Market Bar-B-Que, Inc.’s marks that contain the word “market,” and seeking an order directing the Commissioner of the United States Patent and Trademark Office to cancel defendant’s U.S. Registration No. 1,191,424 for the mark MARKET. Plaintiff alleges subject matter jurisdiction over this case pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201,…