I.O.B. Realty, Inc. v. Patsy's Brand, Inc. et al

Filing 80

JUDGMENT that: Pursuant to Section 37 of the Lanham Act, 15 U.S.C. § 1119, the PTO is directed forthwith to grant Applications numbered 76/649,149 and 77/086,491 and to register the mark PATSY'S PIZZERIA for pizzeria services and for fran chising services; and The Clerk shall certify a copy of this order to the Director of the PTO for compliance herewith; and The Clerk shall close the case. (Signed by Judge Louis L. Stanton on 6/4/2020) (Attachments: # 1 Notice of Right to Appeal) (ml) Transmission to Docket Assistant Clerk for processing. Modified on 6/4/2020 (ml).

Case 1:16-cv-07682-LLS
ORIGf "d. L

Document 80 Filed 06/04/20 Page 1 of 3
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DOCUMENT
ELFCTRO'\lCALLY FI.LED

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
I.O.B. REALTY,

DOC#:
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INC.,
Plaintiff,

- against -

16 Civ. 7682

PATSY'S BRAND, INC. and
JOHN DOES 1-10,

(LLS)

JUDGMENT

Defendants.
Defendant Patsy's Brand,

Inc. ~aving appealed the July 2,

2018 Judgment, the Court of Appeals having vacated that Judgment
by Summary Order on May 6, 2020 instructing this Court to
explain its disposition, this Court having complied by Response
to Order of Remand on May 8, 2020, and having received the
Mandate on May 27, 2020; and

The Mandate stating that the Court of Appeals had
"considered the remainder of Patsy's Brand's arguments and find
them to be without merit", this Court finds that:
The disputes in which the parties and the United States
Patent and Trademark Office ("PTO") are at present entangled
have their sources in the relationship between the trademark
PATSY'S OF NEW YORK for restaurant services and the trademark
PATSY'S PIZZERIA which is being denied registration for pizzeria
services and for franchising services based on the misconception
that it is sufficiently similar to PATSY'S OF NEW YORK to
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Case 1:16-cv-07682-LLS Document 80 Filed 06/04/20 Page 2 of 3

produce confusion.

In reality

1. There is no likelihood of confusion between PATSY'S OF
NEW YORK and PATSY'S PIZZERIA. Except for the name Patsy's, no
word in one appears in the other.

It is stipulated that "Neither

party produced evidence of actual confusion"
40)

(Stipulated Fact

and "Neither party entered or otherwise produced survey

evidence concerning a likelihood of confusion"

(Stipulated Fact

41) between the two marks;
2. At various times all parties have recognized and
asserted the dissimilarity between the marks and the
unlikelihood of confusion; and accordingly
IT IS ORDERED, ADJUDGED, AND DECREED that
3.

Pursuant to Section 37 of the Lanham Act,

15 U.S.C. §

1119,* the PTO is directed forthwith to grant Applications
numbered 76/649,149 and 77/086,491 and to register the mark
PATSY'S PIZZERIA for pizzeria services and for franchising
services; and
4. The Clerk shall certify a copy of this order to the
Director of the PTO for compliance herewith; and

'Section 37 of the Lanham Act, 15 U.S.C. § 1119, provides:
In any action involving a registered mark the court may determine
the right to registration, order the cancelation of registrations,
in whole or in part, restore canceled registrations, and otherwise
rectify the register with respect to the registrations of any party
to the action. Decrees and orders shall be certified by the court
to the Director, who shall make appropriace entry upon the records
of the Patent and Trademark Office, and shall be controlled t~ereby.

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Case 1:16-cv-07682-LLS Document 80 Filed 06/04/20 Page 3 of 3

5. The Clerk shall close the case.

Dated:

New York, New York
June 4, 2020

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,.-rt..t,,,,,

LOUIS L. STANTON
U.S.D.J.

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