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M.Z. BERGER & CO., INC. v. SWATCH AG

No. 2014-1219.

787 F.3d 1368 (2015)

M.Z. BERGER & CO., INC., Appellant v. SWATCH AG (Swatch SA) (Swatch Ltd.), Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 2015.

Attorney(s) appearing for the Case

Robert Thomas Smith , Katten Muchin Rosenman LLP, Washington, DC, argued for appellant. Also represented by Howard Robert Rubin , Daniel Lipton ; Samson Helfgott , Jessica Megan Garrett , New York, N.Y.

Jeffrey A. Lindenbaum , Collen IP, Ossining, N.Y., argued for appellee. Also represented by Jess M. Collen.

Before LOURIE, CHEN, and HUGHES, Circuit Judges.

M.Z. Berger & Co., Inc. (Berger) appeals from the Trademark Trial and Appeal Board (Board) decision to sustain an opposition on grounds that Berger, at the time of its application for the mark "iWatch," lacked a bona fide intent to use the mark in commerce under Section 1(b)(1) of the Lanham Act, 15 U.S.C. § 1051(b...

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