Milk Street Caf 00e9, Inc. v. CPK Media, LLC (16-cv-11416).

Milk Street Cafe, a caf 00e9 and catering business located on Milk Street in Boston, sued CPK Media when the latter opened the 201cCraig Kimball 2019s Milk Street Kitchen 201d (they have since dropped the word 201cKitchen 201d), a cooking school also located on Milk Street. Judge Casper last year denied Milk Street Caf 00e9 2019s motion for preliminary injunction, finding it had not shown a reasonable likelihood of success. After a bench trial, the court concluded that the defendant had rebutted the presumption of secondary meaning that came with the registration of the mark 201cMilk Street Caf 00e9, 201d based largely on the fact that only the defendant offered consumer survey evidence on this issue. The court also determined that there was no likelihood of confusion, in part because the only real similarity of the marks was the phrase 201cMilk Street 201d in which Milk Street Caf 00e9 had no trademark rights and because the goods and services 2013 breakfast and lunch restaurant and corporate catering by Milk Street Caf 00e9 versus cooking demonstrations and classes by the defendant 2013 were not similar. Judge Casper found no trademark infringement, no false association, and no unfair competition. He did, however, refuse to cancel Milk Street Caf 00e9 2019s trademark registration, finding the defendant had not shown that it would be damaged by the continued registration of the mark.