Mother's Restaurants v. Mother's Other Kitchens, Inc.

218 U.S.P.Q. 1046 (1983)

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Mother’s Restaurants v. Mother’s Other Kitchens, Inc.

Trademark Trial and Appeal Board
218 U.S.P.Q. 1046 (1983)

Facts

Mother’s Other Kitchens applied for a trademark in the United States in 1976. However, Mother’s Restaurants opposed the application, claiming that its predecessor in interest opened a restaurant called Mother’s Pizza Parlour in 1970 in Ontario, Canada. Eventually, Mother’s Pizza became a chain of restaurants, with a store opening in the United States in 1977. Mother’s Restaurants, using the name Mother’s Pizza Parlour, had begun advertising in the United States before Mother’s Other Kitchens applied for its trademark in the United States.

Rule of Law

Issue

Holding and Reasoning (Krugman, Board member)

Concurrence/Dissent (Allen, Board member)

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