Chicago's Pizza Inc. v. KSM Pizza, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Chicago’s Pizza, Inc., No. 2:19-cv-02373-KJM-CKD Plaintiff, ORDER v. KSM Pizza, Inc., 1S Defendant. 16 Plaintiff Chicago Pizza, Inc. has sued defendant KSM Pizza to enjoin the latter’s use of a 18 logo that allegedly infringes on plaintiff's trademark. Plaintiff/cross-defendant’s motion to 19 dismiss defendant’s cross-complaint currently is pending before the court. The motion is granted with leave to amend. 21] I. BACKGROUND The two pizza companies here dispute rights to use of the words “Chicago’s Pizza.” See generally Compl., ECF No. 1. Defendant alleges its first and continuous use of the Chicago’s Pizza name, logo, menus, recipes “and all components of the brand” (collectively referred to as 25 the “Chicago’s Pizza intellectual property”). Cross-Compl. § 1, ECF No. 22. Defendant asserts ownership of a copyright in the Chicago’s Pizza logo through the…