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WINDSURFING INTERN. INC. v. AMF INC.

No. 87-1232.

828 F.2d 755 (1987)

WINDSURFING INTERNATIONAL INC., Plaintiff-Appellant, v. AMF INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 9, 1987.

Attorney(s) appearing for the Case

Jai ho Rho, Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., argued for plaintiff-appellant. With him on the brief was Harold E. Wurst.

Michael C. Elmer, Finnigan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for defendant-appellee. With him on the brief was Richard H. Compere, Willian Brinks Olds Hofer Gilson & Lione, Ltd., Chicago, Ill.

Before MARKEY, Chief Judge, and BALDWIN, Senior Circuit Judge, and SMITH, Circuit Judge.

MARKEY, Chief Judge.

Appeal from a judgment of the United States District Court for the Southern District of New York holding that Windsurfing International's (WSI's) "WINDSURFER" trademark has become generic and ordering (1) cancellation of its U.S. Trademark Registration Nos. 962,616 and 1,195,641 on that mark, and (2) rectification of U.S. Trademark Registration Nos. 997,974 and 1,180,024 by addition of a disclaimer. 613 F.Supp. 933

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