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Intellectual Property Law

: The TTABlog

TTAB Accepts "BIG BOY" Restaurants Concurrent Use Agreement

The Board accepted the concurrent use agreement (found here) entered into by the parties in Frisch's Restaurants, Inc. v. Big Boy Restaurants International, LLC, Concurrent Use No. 94002189 (August 11, 2009). It ruled that Applicant Frisch's Restaurants is entitled to registration of the mark BIG BOY for "tartar sauce and pies" and for "restaurant, drive through and carryout services" for the states of Indiana and Kentucky, and for certain counties in Tennessee and Ohio. And it ordered that 16 registrations owned by Big Boy Restaurants International be restricted to the rest of the United States.The Board observed that "while stipulated agreements are not binding on the Board, there can be no better assurance of the absence of a likelihood of confusion, mistake, or deception than the parties' careful consideration of their commercial interests...continue to full post

Full post as published by The TTABlog on August 27, 2009 (boomark / email).

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