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ROMAG FASTENERS, INC. v. FOSSIL, INC.

2016-1115, 2016-1116, 2016-1842.

866 F.3d 1330 (2017)

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

United States Court of Appeals, Federal Circuit.

Decided: August 9, 2017.

Attorney(s) appearing for the Case

JONATHAN FREIMAN , Wiggin and Dana LLP, New Haven, CT, argued for plaintiff-cross-appellant. Also represented by TONIA A. SAYOUR , NORMAN H. ZIVIN , Cooper & Dunham, LLP, New York, NY.

LAWRENCE BROCCHINI , Reavis Parent LLP, New York, NY, argued for defendants-appellants. Also represented by JEFFREY E. DUPLER , Gibney Anthony & Flaherty, LLP, New York, NY; LAUREN ALBERT , The Law Offices of Lauren S. Albert, New York, NY; NICHOLAS GEIGER , Cantor Colburn LLP, Hartford, CT.

Opinion concurring-in-part, dissenting-in-part filed by Circuit Judge Newman.

Romag Fasteners, Inc. ("Romag") owns U.S. Patent No. 5,722,126 ("'126 patent") on magnetic snap fasteners, which it sells under its registered trademark, ROMAG, U.S. Trademark Reg. No. 2,095,367 ("'367 trademark"). Romag sued Fossil, Inc. and various retailers (together, "Fossil") for...

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