Seven-Up Co. v. Bubble Up Corp. ex rel. O-So Grape Co.

Since I am convinced the Trademark Trial and Appeal Board erred in granting the motion to dismiss Seven-Up’s petition for cancellation on the ground of res judicata, I respectfully dissent from the result reached by the majority.

The majority states that the question here is whether the issue of cancellation of Bubble Up’s registrations was in issue in the Illinois suit and apparently finds that it was. However, as I read the record, the specific relief asked in that suit relates to Trademark Infringement, Unfair Competition and Trademark Dilution, but not “the identical relief here sought, to…