Pizzazz Pizza & Restaurant v. Taco Bell Corp.

MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

Plaintiffs John J. Spiccia and Marie B. Spiccia, owners of Pizzazz Pizza and Restaurant, have moved for a preliminary injunction to prevent defendant Taco Bell from selling, marketing or advertising a product under the name “Pizzazz” in the State of Ohio; plaintiffs allege that defendants have infringed on their trademark and trade name in violation of the Ohio Uniform Deceptive Trade Practices Act, Ohio Revised Code § 4165.01 et seq. On September 23-24,1985, the court conducted an evidentiary hearing on plaintiffs’ motion for preliminary…