Newspaper article THE JOURNAL RECORD

Trademark Battle Bakes at City Bites

Newspaper article THE JOURNAL RECORD

Trademark Battle Bakes at City Bites

Article excerpt

City Bites Inc. is claiming an imposter is eating into its profits by infringing on its trademark.

The Oklahoma City-based eatery filed suit against City Bites of Burlington, Calif., in the U.S. District Court for the Western District of Oklahoma charging that the West Coast company has improperly derived profits by using City Bites' good name.

The California company makes and distributes frozen baked souffles and sells them to retailers through trade journals. City Bites argues that the other company did not begin operations until after City Bites had obtained its trademark in 1992. The California company subsequently filed for a trademark with the U.S. Patent and Trademark Office, but the application was abandoned, according to the Oklahoma City's company's attorney Max Tuepker. "I can't imagine that they didn't find out (about the Oklahoma City company) when they applied," Tuepker said. A phone call to the California company was not returned. …

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