The Old Spaghetti Factory restaurant chain can proceed with the core of its trademark lawsuit against a New York restaurant operating as The Spaghetti Factory, a New York federal court said.
OSF International Inc. adequately pled state and federal trademark dilution and false designation of origin claims against JACS Grateful Pasta LLC, the US District Court for the Northern District of New York said in a Tuesday opinion. Judge Mae A. D’Agostino dismissed other state claims, and said a federal unfair competition claim failed as duplicative of the infringement claim—which wasn’t challenged in JACS’s dismissal bid.
The ruling sets up ...
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