Nestle Co., Inc. v. Chester's Market, Inc.
District Court, D. Connecticut
1Opinion of the Court
RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
BLUMENFELD, Senior District Judge.
This is an action for trademark infringement and unfair competition brought by The Nestle Company, Inc. stemming from the concurrent use of the term “Toll House” by Nestle and defendant Saccone’s Toll House, Inc. Nestle is the owner of five federally registered trademarks for Toll House: for chocolate, for cookies, for cookie mix, for spice flavored and butterscotch flavored morsels, and for prepared edible chocolate. Defendant Saccone uses Toll House in its corporate name, as the name of the inn it owns and…
2Cases cited42 opinions
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Commodity Futures Trading Commission v. Jack W. SavageCourt of Appeals for the Ninth Circuit · 1980
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3Cited by20 opinions
- Schering Corporation v. Pfizer Inc. And Ucb Pharma, Inc.Court of Appeals for the Second Circuit · 1999
- Nartron Corporation v. Stmicroelectronics, Inc.Court of Appeals for the Sixth Circuit · 2002
- The Nestle Company, Inc. v. Chester's Market, Inc. And Saccone's Toll House, Inc.Court of Appeals for the Second Circuit · 1985
- Ashton-Tate Corp. v. RossCourt of Appeals for the Ninth Circuit · 1990
- Sykes Laboratory, Inc. v. KalvinDistrict Court, C.D. California · 1985
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