NOAH'S, INC. v. NARK, INC.

No. 81-1526C(2).

560 F.Supp. 1253 (1983)

NOAH'S, INC., Plaintiff, v. NARK, INC., Defendant.

United States District Court, E.D. Missouri, E.D.

March 31, 1983.


Attorney(s) appearing for the Case

McPherson D. Moore, St. Louis, Mo., Bruce W. McKee, Des Moines, Iowa, for plaintiff.

John K. Roedel, Jr., St. Louis, Mo., Thomas M. Ferrill, Jr., Fort Washington, Pa., for defendant.


MEMORANDUM

NANGLE, District Judge.

Plaintiff Noah, Inc. brought this cause of action pursuant to 15 U.S.C. § 1071 after the United States Trademark Trial and Appeal Board held that the defendant Nark, Inc. was entitled to a concurrent use registration for the trademark "Noah's Ark" for all of the United States, with the exception of a twenty-mile radius around the plaintiff's restaurant in Des Moines, Iowa, and around certain third party restaurants...

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