Little Caesar's 'Hot-N-Ready' Mark Valid: 8th Circ.

Law360, New York (March 23, 2010, 11:56 AM EDT) -- Little Caesar Enterprise Inc. did not breach a franchise contract when it trademarked a phrase coined by the franchisee, but the franchisee breached that contract by filing a lawsuit contesting the validity of the mark, a federal appeals court has affirmed.

The U.S. Court of Appeals for the Eighth Circuit issued an opinion Monday siding with the national pizza chain, finding that South Dakota-based franchisee Pinnacle Pizza Co. Inc. had no rights to the “Hot-N-Ready” mark.

The appeals court found that Pinnacle's breach of contract claim...
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