BERNER INTERN. CORP. v. MARS SALES CO.

No. 91-3542.

987 F.2d 975 (1993)

BERNER INTERNATIONAL CORPORATION v. MARS SALES COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 5, 1993.


Attorney(s) appearing for the Case

James R. Kyper, (argued), Christopher H. Gebhardt, Kirkpatrick & Lockhart, Pittsburgh, PA, for appellee.

David C. Bruening, Webb, Burden, Ziesenheim & Webb, P.C., Pittsburgh, PA, Richard E. Lyon, Jr., (argued), Lyon & Lyon, Los Angeles, CA, for appellant.

Before: BECKER, ROTH and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

This appeal arises from a trademark dispute regarding Mars Sales Company's registered trademark, "Air Door." Berner International Corporation (Berner) filed the present action for declaratory judgment, seeking to establish that "Air Door" is a generic or common descriptive name of Mars' product and for that reason not subject to exclusive use. The suit also seeks cancellation of Mars' federal trademark registration...

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