Legal Opinion

Nestle Co., Inc. v. Chester's Market, Inc.

District Court, D. Connecticut

Decided November 5, 1984No. Civ. H-82-445PublishedCited by 8 opinions

1Opinion of the Court

RULING ON JOINT MOTION FOR ENTRY OF A FINAL JUDGMENT ON CONSENT

BLUMENFELD, District Judge.

I. INTRODUCTION

This case comes before me in a somewhat unusual posture. On August 23, 1983, I granted partial summary judgment to defendants on their claim that the trademark Toll House owned by plaintiff is invalid, because Toll House is a generic name when used in connection with cookies. The Nestle Co. v. Chester’s Market, Inc., 571 F.Supp. 763 (D.Conn.1983). Pursuant to Fed.R.Civ.P. 54(b), the entry of final judgment was directed on that claim, and plaintiff thereafter filed a notice of appeal.

During…

2Cases cited48 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  3. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  4. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  5. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950

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3Cited by8 opinions

  1. The Nestle Company, Inc. v. Chester's Market, Inc. And Saccone's Toll House, Inc.Court of Appeals for the Second Circuit · 1985
  2. In Re Finley, Kumble, Wagner, HeineUnited States Bankruptcy Court, S.D. New York · 1993
  3. Alston v. CoughlinDistrict Court, S.D. New York · 1986
  4. Federal Data Corporation v. Sms Data Products Group, Inc.Court of Appeals for the Federal Circuit · 1987
  5. Harris Trust & Savings Bank v. John Hancock Mutual Life InsuranceDistrict Court, S.D. New York · 1989

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