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FIRST NIAGARA INS. BROKERS v. FIRST NIAGARA FINANCIAL GROUP

Nos. 06-1202, 91/122,072; 91/122,224; 91/122,193; 91/122,450; 91/122,712, 91/150,237.

476 F.3d 867 (2007)

FIRST NIAGARA INSURANCE BROKERS, INC., Appellant, v. FIRST NIAGARA FINANCIAL GROUP, INC., Appellee.

United States Court of Appeals, Federal Circuit.

January 9, 2007.

Attorney(s) appearing for the Case

George Gottlieb, Gottlieb Rackman & Reisman, P.C., of New York, NY, argued for appellant. With him on the brief was Barbara Loewenthal.

Paul I. Perlman, Hodgson Russ LLP, of Buffalo, NY, argued for appellee. With him on the brief were Edwin T. Bean, Jr. and Kathleen Sellers.

Before RADER, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

CLEVENGER, Senior Circuit Judge.

First Niagara Insurance Brokers, Inc. ("FN-Canada") appeals the decision of the Trademark Trial and Appeal Board ("the Board") rejecting FN-Canada's opposition to the registration of certain marks by First Niagara Financial Group, Inc. ("FN-US") on the basis that FN-Canada does not use its marks "in a type of commerce regulable by Congress." First Niagara Ins. Brokers, Inc. v. First Niagara Fin. Group, Inc., Opposition Nos....

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