MAYER/BERKSHIRE CORP. v. BERKSHIRE FASHIONS, INC.

No. 04-1254.

424 F.3d 1229 (2005)

MAYER/BERKSHIRE CORP., Appellant, v. BERKSHIRE FASHIONS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

September 22, 2005.


Attorney(s) appearing for the Case

James B. Swire, Dorsey & Whitney LLP, of New York, New York, argued for appellant. With him on the brief was Sandra Edelman.

Ezra Sutton, Ezra Sutton, P.A., of Woodbridge, New Jersey, argued for appellee.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.


PAULINE NEWMAN, Circuit Judge.

Mayer/Berkshire Corp. appeals the decision of the United States Patent and Trademark Office, Trademark Trial and Appeal Board,1 dismissing its opposition to the registration by Berkshire Fashions, Inc. of the mark BERKSHIRE for various categories of clothing. The Board held that the opposition is barred by res judicata and collateral estoppel arising from prior district court infringement litigation. We conclude...

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