TRENTON, N.J. (CBSNewYork/AP) – The New Jersey Turnpike Authority’s lawsuit against a Florida pizza shop for using a logo similar to the Garden State Parkway’s green and yellow signs has been tossed.

A federal judge on Thursday granted the Jersey Boardwalk Pizza shop’s request to dismiss the suit. He said that the shop doesn’t have enough contact with the state for it to bring the lawsuit in New Jersey.

Turnpike Authority spokesman Thomas Feeney says the agency is continuing its action against the company in the federal Trademark Trial and Appeal Board and considering its options regarding the judge’s decision.

Although the Florida-based Jersey Boardwalk Pizza Shop’s yellow, circular logo does obviously resemble the Garden State Parkway’s, attorney Justin Klein said it’s unfortunate the Turnpike Authority is arguing.

“[That] a registered, trademarked logo is somehow going to cause customer confusion,” Klein, who handled the case for the pizza shop owners, told WCBS 880’s Levon Putney.

Klein said the shop’s sign is legitimate.

“Their logo was register several years ago, the USPTO registered their mark and we would hope they let us continue to operate our business but obviously they’re free to do what they want with taxpayer dollars,” Klein said.

The agency sued last July over the logo the company uses for its two pizza shops and on merchandise. It said that the company is trying to trade upon the fame of the Garden State Parkway logo to attract customers and potential franchisees.

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