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JOSEPH PHELPS VINEYARDS v. FAIRMONT HOLDINGS

2016-1089.

857 F.3d 1323 (2017)

JOSEPH PHELPS VINEYARDS, LLC, Appellant v. FAIRMONT HOLDINGS, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 24, 2017.

Attorney(s) appearing for the Case

THOMAS SCHNECK , Law Offices of Thomas Schneck, San Jose, CA, for appellant.

KIMBERLY KOLBACK , Law Office of Kimberly Kolback, Miami, FL, for appellee. Also represented by MIRIAM RICHTER , Richter Trademarks, PL, Wilton Manors, FL.

Before Newman, Dyk, and Wallach, Circuit Judges.

Joseph Phelps Vineyards, LLC ("Vineyards") has produced and sold wines bearing the trademark INSIGNIA since 1978. In 2012, Fairmont Holdings, LLC ("Fairmont") received federal registration for the mark ALEC BRADLEY STAR INSIGNIA for cigars and cigar products. On Vineyards' petition for cancellation, the Trademark Trial and Appeal Board ("Board...

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