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Valcom Corp. v. Valmont Industries Inc.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT


Decided: November 25, 1988.

VALCOM CORPORATION, APPELLANT,
v.
VALMONT INDUSTRIES, INC. AND VALCOM, INC.,APPELLEE

Valcom Corporation (Valcom) appeals the October 7, 1987 decision of the Trademark Trial and Appeal Board (Board) granting Valmont Industries, Inc. and Valcom, Inc.'s (collectively, Valmont's) motion for summary judgment because of the decision, affirmed on appeal,*fn* of the U.S. District Court for the Eastern District of Virginia of no likelihood of confusion between the two trademarks. Because the Board concluded that Valcom was precluded by collateral estoppel from relitigating the issue of likelihood of confusion and, therefore, that Valcom had no standing in the Board proceeding, the Board granted Valmont summary judgement. Valcom's request for reconsideration was denied. We affirm.

AFFIRMED.

FOOTNOTES

* Valcom, Inc. v. Valcom, Inc., 820 F.2d 1220 (4th Cir. 1987)(unpublished opinion).

19881125

© 1998 VersusLaw Inc.



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