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COACH SERVICES, INC. v. TRIUMPH LEARNING LLC

No. 2011-1129.

668 F.3d 1356 (2012)

COACH SERVICES, INC., Appellant, v. TRIUMPH LEARNING LLC, Appellee.

United States Court of Appeals, Federal Circuit.

February 21, 2012.

Attorney(s) appearing for the Case

Norman H. Zivin , Cooper & Dunham, LLP, of New York, NY, argued for appellant. With him on the brief was Tonia A. Sayour .

R. David Hosp , Goodwin Procter, LLP, of Boston, MA, argued for appellee. With him on the brief was Anthony H. Cataldo . Of counsel was John T. Bennett .

Before NEWMAN, O'MALLEY, and REYNA, Circuit Judges.

O'MALLEY, Circuit Judge.

Coach Services, Inc. ("CSI") appeals from the final decision of the Trademark Trial and Appeal Board ("the Board") dismissing its opposition to Triumph Learning, LLC's ("Triumph") use-based applications to register the mark COACH for educational materials used to prepare students for standardized tests. The Board found that: (1) there was no likelihood of confusion between the parties' COACH marks; (2) CSI failed to prove likelihood of dilution...

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