Eli's Chicago Finest, Inc. v. Cheesecake Factory, Inc.

MEMORANDUM OPINION AND ORDER

LINDBERG, District Judge.

Plaintiff Eli’s Finest, Inc. (“Eli’s”) filed this action for a declaratory judgment asserting that its use of certain descriptive dessert designations did not interfere with Defendant’s trademark rights. Defendant, The Cheesecake Factory, Incorporated, (“Cheesecake Factory”) filed a motion to dismiss the complaint, and for the reasons stated below that motion will be granted.

I. FACTUAL AND PROCEDURAL BACKGROUND

The parties are competitors engaged in the sale of cheesecakes. Plaintiff is an Illinois corporation and Defendant is a California…