United States First Circuit

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Colon-Lorenzana v. South American Restaurants Corp., 14-1698

In a lawsuit over the trademarking and continued sale of a chicken sandwich, alleging violations of the Lanham Act and Copyright Act, the district court's order dismissing the federal claims and declination of jurisdiction over the supplemental Puerto Rico law claims is affirmed where: 1) there was no violation of the Copyright Act because neither the name "Pechu Sandwich" nor the recipe are eligible for copyright protection; and 2) the complaint fails to sufficiently plead that defendant committed fraud in the procurement of a federal trademark for the sandwich.

Appellate Information

  • Decided 08/21/2015
  • Published 08/21/2015

Judges

  • HOWARD

Court

  • United States First Circuit

Counsel


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