VANCOUVER, B.C. -- It appears the trademark infringement dispute between Boston Pizza and Boston Market will go to trial sometime in 2005.
According to a news release, Boston Pizza International Inc. and Boston Pizza Royalties Income Fund announced that the Federal Court of Canada has dismissed parts of a counterclaim by Boston Market Canada Co. and Global Restaurant Operations of Ireland Ltd. (a.k.a. the Boston Market Group) seeking to erase the registrations of Boston Pizza's trademarks.
The ruling follows an application for summary judgment brought by Boston Pizza International and Boston Pizza Royalties Limited Partnership. Both entities initiated proceedings against the Boston Market Group for trademark infringement last year.
Boston Pizza holds that its trademarked name has been established for more than three decades, and that Boston Market's name too closely mirrors its own.
The Boston Market Group filed a counterclaim challenging the validity of the registered trademark "Boston Pizza " and other related trademarks.
The Federal Court dismissed the counterclaim as it relates to registered trademarks BP & Design, BP's Lounge and BP's Bistro, but didn't dismiss the counterclaim regarding three other trademarks, including Boston Pizza.