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LEVY v. KOSHER OVERSEERS ASS'N OF AMERICA, INC.

No. 103, Docket 96-7051.

104 F.3d 38 (1997)

Rabbi Don Yoel LEVY; Eliezer Levy, doing business as Organized Kashruth Laboratories, Plaintiffs/Counter-Defendants/Appellees, v. KOSHER OVERSEERS ASSOCIATION OF AMERICA, INC., Defendant/Counter-Claimant/Appellant.

United States Court of Appeals, Second Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Laurence S. Shtasel, Philadelphia, PA (Kevin P. Cronin, Timothy D. Pecsenye, Blank Rome Comisky & McCauley, Philadelphia, PA, of counsel), for plaintiffs/counter-defendants/appellees.

Bernard Malina, Malina & Wolson, New York City, for defendant/counter-claimant/appellant.

Before: KEARSE, LEVAL and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether and when a decision of the Trademark Trial and Appeal Board of the United States Patent and Trademark Office should have collateral estoppel effect in a lawsuit claiming violations of the Lanham Act. We consider this question in a case involving conflicting claims with respect to marks used to designate food products as "kosher" — that is, prepared in compliance with Jewish dietary laws...

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