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ROMAG FASTENERS, INC. v. FOSSIL, INC.

Nos. 2014-1856, 2014-1857.

817 F.3d 782 (2016)

ROMAG FASTENERS, INC., Plaintiff-Appellant v. FOSSIL, INC., Fossil Stores I, Inc., Macy's, Inc., Macy's Retail Holdings, Inc., Belk, Inc., The Bon-Ton Stores, Inc., The Bon-Ton Department Stores, Inc., Dillard's, Inc., Nordstrom, Inc., Zappos.com, Inc., Zappos Retail, Inc., Defendants-Cross-Appellants.

United States Court of Appeals, Federal Circuit.

March 31, 2016.

Attorney(s) appearing for the Case

Jonathan Freiman , Wiggin and Dana LLP, New Haven, CT, argued for plaintiff-appellant. Also represented by Tonia A. Sayour , Norman H. Zivin , Cooper & Dunham, LLP, New York, NY.

Jeffrey E. Dupler , Gibney Anthony & Flaherty, LLP, New York, NY, argued for defendants-cross appellants. Also represented by Lawrence Brocchini , Reavis Parent Lehrer LLP, New York, NY; Lauren Albert , Law Offices of Lauren S. Albert, New York, NY; Nicholas Geiger , Cantor Colburn LLP, Hartford, CT.

Before DYK, WALLACH, and HUGHES, Circuit Judges.

Romag Fasteners, Inc. ("Romag") owns U.S. Patent No. 5,777,126 ("the '126 patent") on magnetic snap fasteners, which Romag sells under its registered trademark, ROMAG. Romag sued Fossil, Inc. and Fossil Stores I, Inc. (together, "Fossil"), along with retailers of Fossil products, alleging, inter alia, patent and trademark...

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