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TEST MASTERS EDUCATIONAL SERVICES, INC. v. SINGH

Nos. 03-20787, 04-20861 and 05-20049.

428 F.3d 559 (2005)

TEST MASTERS EDUCATIONAL SERVICES, INC.; Vivek Israni, Plaintiffs-Appellees, v. Robin SINGH, doing business as Testmasters, Defendant-Appellant. Robin Singh Educational Services, Inc., a California Corporation, doing business as Testmasters, Plaintiff-Appellant-Cross-Appellee, v. Test Masters Educational Services, Inc., a Texas Corporation, Defendant-Appellee-Cross-Appellant, Vivek Israni, Defendant-Appellee. Test Masters Educational Services, Inc., Plaintiff-Appellee-Cross-Appellant, Vivek Israni, Plaintiff-Appellee, v. Robin Singh, Defendant-Appellant-Cross-Appellee. Test Masters Educational Services, Inc., Plaintiff-Appellant, v. Robin Singh, doing business as Testmasters, Defendant-Appellee. Robin Singh, doing business as Testmasters, Plaintiff-Appellee, v. Test Masters Educational Services, Inc.; et al., Defendants, Test Masters Educational Services, Inc., Defendant-Appellant. Robin Singh Educational Services, Inc., a California Corporation, doing business as Testmasters, Plaintiff-Appellee, v. Test Masters Educational Services, Inc., a Texas Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 2005.

Attorney(s) appearing for the Case

David John Schenck (argued), Christopher Donald Kratovil, Jones Day, John Walter Patton, Hughes & Luce, Dallas, TX, for Plaintiffs-Appellees.

Hassan A. Zavareei (argued), Jonathan K. Tycko, Tycko, Zavareei & Spiva, Washington, DC, Paul Douglas Heard, Brown McCarroll, Houston, TX, Brian M. Berliner, O'Melveny & Myers, Los Angeles, CA, Thomas M. Norminton, Beverly Hills, CA, for Singh.

Mario A. Aieta, Garvey Schubert Barer, New York City, Richard Charles Henn, Theodore Harris Davis, Kilpatrick Stockton, Atlanta, GA, for Intern. Trademark Ass'n, Amicus Curiae.

Before GARWOOD, JONES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The principal issue in this case is whether Robin Singh is estopped by res judicata from asserting his claims of unfair competition, false designation of origin, and deceptive advertising pursuant to 15 U.S.C. § 1125(a)(1)(A); false advertising pursuant to 15 U.S.C. § 1125(a)(1)(B); and infringement of a registered trademark under California law. The district court held that a prior action and final judgment on the merits...

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