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MOTHERS RESTAURANT, INC. v. MAMA'S PIZZA, INC.

Appeal No. 83-948.

723 F.2d 1566 (1983)

MOTHER'S RESTAURANT INCORPORATED, Appellant, v. MAMA'S PIZZA, INC., Appellee.

United States Court of Appeals, Federal Circuit.

December 21, 1983.

Attorney(s) appearing for the Case

George Gottlieb, New York City, argued for appellant; with him on brief, were Barry A. Cooper and David S. Kashman, New York City.

J. Shelby Sharpe, Fort Worth, Tex., argued for appellee; with him on brief, was William T. Wofford, Fort Worth, Tex.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge and BALDWIN, Circuit Judge.

DAVIS, Circuit Judge.

This is an appeal from two decisions of the Trademark Trial and Appeal Board (TTAB or Board) made in the course of proceedings on a petition by appellee Mama's Pizza, Inc. (Mama's) to cancel a service mark registration held by appellant Mother's Restaurants, Inc. (MRI). In the first decision, dated December 24, 1980, the TTAB dismissed MRI's counterclaim for concurrent use. In the second decision of January 24, 1983, the Board granted Mama's...

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