The Board granted Opposer 784's motion for summary judgment,
applying issue preclusion to the issue of nonownership of the mark
shown below for, inter alia, restaurant services. 784 8th Street Corp. dba ZAN'S v. Denise
Ruggiero, Opposition No. 91214883 (November 2, 2018) [not
precedential].
The subject opposition was suspended in view of a civil action
in the U.S. District Court for the Eastern District of New York, in
which Opposer 784, together with Pasquale Ruggiero, filed various
claims and sought a declaratory judgment regarding ownership of the
ZAN's logo (above) and the word mark ZAN'S. The district
court Granted plaintiffs' motion for summary judgment on the
ownership claim, declaring that "Plaintiffs are the owners of
the Zan's name, logo, and materials."
