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RICHMOND, British Columbia -- Boston Pizza International Inc. ('BPI') and Boston Pizza Royalties Income Fund (TSX: BPF.UN) (the 'Fund') announced today that the Federal Court of Appeal, in a unanimous decision rendered Friday, March 7, in favor of BPI, has ordered the expungement of the trademark registration for Boston Chicken, which is owned by Global Restaurant Operations of Ireland Limited (GRIL).
According to a release, the appeal was part of the ongoing litigation with GRIL and McDonald's Restaurants of Canada Limited (the McDonald's Group) over their use of and attempt to register the Boston Chicken and Boston Market trademarks in connection with Canadian restaurant operations. BPI and the Boston Pizza Royalties Limited Partnership, owner of the Boston Pizza trademarks, will continue to oppose their application to register Boston Market as a trademark in Canada.
In a related proceeding, as previously announced, the McDonald's Group is attempting to challenge the validity of the registration of the Boston Pizza and related trademarks in Canada, including a trademark that has been used by BPI and predecessor entities for more than 30 years and was registered under the Trade-Marks Act (Canada) in 1970.
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