Second Circuit -- Patsy’s Italian Restaurant, Inc. v. Banas

Patsy’s Italian Restaurant, Inc. v. Banas

(Excellent) pizzeria and sauce operations in trademark fight over who is the bigger...  You know...

Injunction barring sauce brand from seeking cancellation of competitor's mark does not bind affiliated restaurant business.

Where a jury finds that a company has abandoned its mark through naked licensing, court may find that the special verdict on abandonment refers only to those geographical areas referred to in the charge.  


Valid mark in any geography sufficient to block similar federal mark of competitor before finalized.


When mounting a prior use defense for a federal mark, interstate use does not have to be shown.


No error in not awarding fees to prevailing party under the Lanhamm Act - properly within court's discretion.  


No error in court including definitions of both pizzeria services and restaurant services in the jury instructions. 

Sufficient evidence for fraud on the PTO.

No abuse of discretion in court ordering cancellation of competing mark but not restoring mark, given limited rights of past trademark holders.


No abuse of discretion in not enjoining future use of mark where court cancels mark.


No abuse in a sua sponte injunction barring use of the mark in a certain area where there is evidence of consumer confusion.