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· 8/28/2007

Patsy's Italian Restaurant, Inc. v. Banas

Citations

  • 508 F. Supp. 2d 194
  • 2007 U.S. Dist. LEXIS 63505
  • 2007 WL 2480361

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • oral agreement to share trademark rights would be “unenforceable because it violates the Statute of Frauds,” “even assuming” the existence of such an agreement
  • “I.O.B. filed a petition with the [TTAB] of the [USPTO] seeking to have Patsy’s Brand’s 1995 registration for the mark PATSY’S PR SINCE 1944 (stylized) for sauces cancelled (Registration No. 1,874,789
  • “Indeed, as a general principle, a federal district court is required to give great weight to the pronouncements of its Court of Appeals, even though those pronouncements appear by way of dictum.”
  • “Indeed, as a general principle, a federal district court is required to give great weight to the pronouncements of its Court of Appeals, even though those pronouncements appear by way of dictum.”
  • unpublished decision submitted as Defs.’ Ex. III, herein “TTAB Decision”
  • “Where a licensor retains no control over the nature or quality of goods or services provided in connection with the mark, . . . such naked licensing will result in abandonment.” (internal quotation marks omitted) (citing Dawn Donut Co., Inc., 267 F.2d at 367)

Source: CourtListener parenthetical corpus (CC0).

Judges: Irizarry

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.