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INTERNATIONAL NUTRITION COMPANY v. HORPHAG RESEARCH, LTD.

No. 99-1385.

220 F.3d 1325 (2000)

INTERNATIONAL NUTRITION COMPANY, Appellant, v. HORPHAG RESEARCH, LTD., Appellee.

United States Court of Appeals, Federal Circuit.

July 27, 2000.

Attorney(s) appearing for the Case

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

Marvin S. Gittes, Cobrin & Gittes, of New York, New York, argued for appellee. With him on the brief was Michael A. Adler.

Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

International Nutrition Company (INC) appeals from an order of the United States Patent and Trademark Office's Trademark Trial and Appeal Board dismissing INC's petition to cancel a trademark registration held by Horphag Research, Ltd. The Board based its decision on res judicata. Because we conclude that the Board erred in holding that res judicata requires dismissal of the cancellation petition, we vacate the Board's order and remand the case...

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