Legal Opinion
Mayer/berkshire Corp. v. Berkshire Fashions, Inc.
Court of Appeals for the Federal Circuit
Decided September 22, 2005No. 2004-1254PublishedCited by 45 opinions
1Opinion of the Court
PAULINE NEWMAN, Circuit Judge.
Mayer/Berkshire Corp. appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board, 1 dismissing its opposition to the registration by Berkshire Fashions, Inc. of the mark BERKSHIRE for various categories of clothing. The Board held that the opposition is barred by res judica-ta and collateral estoppel arising from pri- or district court infringement litigation. We conclude that the Board erred in its application of these doctrines. The dismissal is vacated and the case is remanded to the PTO for further proceedings.
BACKG…
2Cases cited12 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Montana v. United StatesSupreme Court of the United States · 1979
- United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
- Russell v. PlaceSupreme Court of the United States · 1877
- Raymond Keith Foster, Keith Mfg. Co., and Keith Sales, Co. v. Hallco Manufacturing Co., Inc., and Olof A. HallstromCourt of Appeals for the Federal Circuit · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
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- Nasalok Coating Corp. v. Nylok Corp.Court of Appeals for the Federal Circuit · 2008
- Sharp Kabushiki Kaisha (Also Trading as Sharp Corporation) v. Thinksharp, Inc.Court of Appeals for the Federal Circuit · 2006
- Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.Court of Appeals for the Federal Circuit · 2013
- In Re Bose CorporationCourt of Appeals for the Federal Circuit · 2007
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