United States Federal Circuit

A decision denying Bose registration of a proposed speaker design as a trademark is affirmed where the Trademark Trial and Appeal Board correctly determined that Bose's appeal was barred by the doctrine of res judicata since: 1) the parties and marks were the same in both proceedings; and 2) the merits of a claim regarding the functionality of the design were previously determined. In addition, none of the alleged changed circumstances warranted barring application of res judicata.

Appellate Information

• Decided 02/08/2007
• Published 02/08/2007

Judges

• LOURIE, Circuit Judge., Before LOURIE, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles Hieken, Fish & Richardson P.C., of Boston, MA, argued for appellant.   With him on the brief were Cynthia Johnson Walden and Amy L. Brosius., John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office.   With him on the brief were Cynthia C. Lynch and Nancy C. Slutter, Associate Solicitors.