GALPERTI, INC. v. GALPERTI S.R.L.

2021-1011.

17 F.4th 1144 (2021)

GALPERTI, INC., Appellant, v. GALPERTI S.R.L., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: November 12, 2021.


Attorney(s) appearing for the Case

Theodore H. Davis, Jr. , Kilpatrick, Townsend & Stockton LLP, Atlanta, GA, argued for appellant. Also represented by Bethany R. Nelson ; Melissa Davis , Jennifer S. Sickler , Thompson & Knight LLP, Houston, TX.

Paolo Strino , Gibbons P.C., New York, NY, argued for appellee. Also represented by Jonathon Brugh Lower , Newark, NJ.

Before MOORE, Chief Judge, PROST and TARANTO, Circuit Judges.


In September 2007, Galperti S.r.l. (Galperti-Italy), to support its application to the Patent and Trademark Office (PTO) for registration of the mark GALPERTI, told the PTO that, in the five preceding years, its use of the mark was "substantially exclusive." In 2008, the PTO granted the application and issued Registration...

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