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NESTLE CO., INC. v. CHESTER'S MARKET, INC.

Civ. No. H-82-445.

596 F.Supp. 1445 (1984)

The NESTLE COMPANY, INC. v. CHESTER'S MARKET, INC. and Saccone's Toll House, Inc.

United States District Court, D. Connecticut.

November 5, 1984.

Attorney(s) appearing for the Case

Thomas J. Ward, Michael A. Grow, and Niles V. Montan, Washington, D.C., John Murphy, Stephen E. Goldman, and Susan P. McHugh, Robinson & Cole, Hartford, Conn., Allen F. Maulsby, Cravath, Swaine & More, New York City, for plaintiff.

Richard Reynolds, Day, Berry & Howard, Hartford, Conn., Barry Garfinkel, Skadden, Arps, Slate, Meagher & Flom, New York City, Dominic J. Ferraina, Windsor, Conn., for defendants.

RULING ON JOINT MOTION FOR ENTRY OF A FINAL JUDGMENT ON CONSENT

BLUMENFELD, District Judge.

I. INTRODUCTION

This case comes before me in a somewhat unusual posture. On August 23, 1983, I granted partial summary judgment to defendants on their claim that the trademark Toll House owned by plaintiff is invalid, because Toll House is a generic name when used in connection with cookies. The Nestle Co. v. Chester's Market, Inc.,

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