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PALM BAY IMPORTS v. VEUVE CLICQUOT PONSARDIN

No. 04-1042.

396 F.3d 1369 (2005)

PALM BAY IMPORTS, INC., Appellant, v. VEUVE CLICQUOT PONSARDIN MAISON FONDEE EN 1772, Appellee.

United States Court of Appeals, Federal Circuit.

February 9, 2005.

Attorney(s) appearing for the Case

Edmund J. Ferdinand, III, Grimes & Battersby, LLP, of Norwalk, Connecticut, argued for appellant. With him on the brief was Gregory J. Battersby.

Marie V. Driscoll, Fross Zelnick Lehrman & Zissu, P.C., of New York, New York, argued for appellee. With him on the brief was John Margiotta.

Before MICHEL, Chief Judge, RADER, and PROST, Circuit Judges.

RADER, Circuit Judge.

Palm Bay Imports, Inc. (Palm Bay) appeals from the decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (Board) refusing registration of the mark VEUVE ROYALE for sparkling wine on the ground of likelihood of confusion with three of opposer Veuve Clicquot Ponsardin's (VCP's) marks. Veuve Clicquot Ponsardin v. Palm Bay Imports, Inc., Opp'n No. 115,438, 2003 WL 21953664 (T.T.A.B. Aug. 4, 2003). This...

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