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

Docket No. 83-7753.

756 F.2d 280 (1985)

The NESTLE COMPANY, INC., Plaintiff-Appellant, v. CHESTER'S MARKET, INC. and Saccone's Toll House, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 5, 1985.

Attorney(s) appearing for the Case

Allen F. Maulsby, New York City, for plaintiff-appellant; Cravath, Swaine & Moore, New York City, of counsel.

Barry H. Garfinkel, New York City, for defendants-appellees; Skadden, Arps, Slate, Meagher & Flom, New York City, of counsel.

Before VAN GRAAFEILAND, MESKILL and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Plaintiff-appellant The Nestle Company, Inc. ("Nestle") and defendants-appellees Chester's Market, Inc. and Saccone's Toll House, Inc. (collectively "Saccone") jointly seek vacatur of a partial judgment of the district court invalidating the Nestle trademark "Toll House" as used in connection with cookies. The parties seek this relief as part of a settlement they have reached. For the reasons discussed...

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