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BERNI v. INTERN. GOURMET RESTAURANTS OF AMERICA

No. 19, Docket 87-7079.

838 F.2d 642 (1988)

Mauritzio BERNI, Armando Berni, and Claudio Massari, Individually and/or as Former Shareholders of SRL L'Originale Alfredo All'Augusteo on Behalf of SRL L'Originale Alfredo All'Augusteo, Plaintiffs-Appellants, v. INTERNATIONAL GOURMET RESTAURANTS OF AMERICA, INC., Alfredo, the Original of Rome (NY), Inc., IGRA of New York, Inc., Kilgale, Ltd., and Guido Bellanca, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 29, 1988.

Attorney(s) appearing for the Case

Howard I. Schuldenfrei, New York City (Francesco Petralia, Rome, Italy, of counsel) for plaintiffs-appellants.

Edward H. Rosenthal, New York City (Frankfurt, Garbus, Klein & Selz, P.C., New York City, of counsel) for defendants-appellees Intern. Gourmet Restaurants of America, Inc., Alfredo, The Original of Rome, (N.Y.), Inc., IGRA of New York, Inc., and Guido Bellanca.

Lee Robinson, New York City (Curtis Morris & Safford, Edward H. Rosenthal, Frankfurt, Garbus, Klein & Selz, P.C., New York City, of counsel) for defendant-appellee Kilgale, Ltd.

Before CARDAMONE, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Mauritzio and Armando Berni and Claudio Massari (collectively the "Bernis") appeal from a judgment dismissing their claims of unfair competition, false description and trademark infringement for lack of standing. Appellants contend that ownership of the United States registration of an Italian mark devolved to them from their predecessors-in-interest. They seek to enforce their alleged rights in the registration against those, presently using...

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