Legal Opinion

Steak Umm Co., LLC v. Steak 'Em Up, Inc.

District Court, E.D. Pennsylvania

Decided April 11, 2012No. Civil Action No. 09-2857PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

STENGEL, District Judge.

Steak Umm, a national seller of frozen steak and hamburger products wants Steak ’Em-Up, a South Philadelphia pizza shop and corner grocery, to change its name. Steak Umm alleges that the Steak ’Em-Up name infringes on its trademark and has filed claims under the Lanham Act for infringement, unfair competition and false designation of origin, as well as federal and state trademark dilution claims.

The parties filed cross-motions for summary judgment which were denied with respect to Steak Umm’s trademark infringement, unfair competition and false designation…

2Cases cited39 opinions

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  3. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
  4. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  5. Interpace Corporation v. Lapp, Inc.Court of Appeals for the Third Circuit · 1983

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3Cited by2 opinions

  1. Illinois Tamale Co. v. El-Greg, Inc.District Court, N.D. Illinois · 2019
  2. LONTEX CORPORATION v. NIKE, INC.District Court, E.D. Pennsylvania · 2021

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