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BOSTON CHICKEN, INC. v. MARKET BAR-B-QUE, INC.

No. 95 C 2158.

922 F.Supp. 96 (1996)

BOSTON CHICKEN, INC., a Delaware Corporation, Plaintiff, v. MARKET BAR-B-QUE, INC., a Minnesota Corporation, Defendant.

United States District Court, Northern District of Illinois, Eastern Division.

March 1, 1996.

Attorney(s) appearing for the Case

Gary Mark Sircus, Rudnick & Wolfe, Chicago, IL, for plaintiff.

John J. Held, Jr., Thomas J. Wimbiscus, Kirk A. Vander Leest, McAndrews, Held & Malloy, P.C., Chicago, IL, for defendant.

MEMORANDUM ORDER

GETTLEMAN, District Judge.

Plaintiff Boston Chicken, Inc. filed this declaratory judgment action seeking to have the court determine whether there is a likelihood of confusion between plaintiff's mark BOSTON MARKET and defendant Market Bar-B-Que, Inc.'s marks that contain the word "market," and seeking an order directing the Commissioner of the United States Patent and Trademark Office to cancel defendant's U.S. Registration No. 1...

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