Case: Trademarks/Procedure (2d Cir.)

The Second Circuit reversed and remanded the decision of a federal district court in New York giving preclusive effect to a decision of the U.S. PTO that denied Peju Province Winery LP and Peju Family Operating Partnership LP’s trademark registration applications, in this trademark infringement action against Cesari SRL. The appeals court determined that the district court erred by giving preclusive effect to the PTO’s decision that confusion was likely with Cesari’s previously-registered mark.