United States Federal Circuit

Dismissal of plaintiff's opposition to defendant's registration of the mark BERKSHIRE for various categories of clothing is vacated where the Trademark Trial and Appeal Board erred in finding that the opposition was barred by res judicata and collateral estoppel arising from prior district court infringement litigation.

Appellate Information

• Decided 09/22/2005
• Published 09/22/2005

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James B. Swire, Dorsey & Whitney LLP, of New York, New York, argued for appellant.   With him on the brief was Sandra Edelman.


• For Appellees:
  
• Ezra Sutton, Ezra Sutton, P.A., of Woodbridge, New Jersey, argued for appellee.