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Civil Procedure Keyed to Cross
Nasalok Coating Corp. v. Nylok Corp.
Citation:
522 F.3d 1320 (2008)Facts
Both Nasalok and Nylok are engaged in business related to self-locking fasteners using nylon locking elements. Nylok owns federal trademark Registration No. 2,398,840 for “a patch of the color blue on a selected number of threads of an externally threaded fastener.” In 2003, Nylok filed a trademark infringement complaint against Nasalok in federal district court. Although properly served, Nasalok failed to appear, resulting in a default judgment and an injunction prohibiting Nasalok from selling or importing fasteners with blue nylon elements in the United States. The district court’s order also stated that Nylok’s trademark was valid and enforceable. Five months after the default judgment, Nasalok filed a petition with the TTAB to cancel Nylok’s trademark registration, alleging that the mark was invalid for various reasons including functionality and fraud. Nylok moved for summary judgment, arguing that Nasalok’s claims were barred by res judicata. The TTAB granted summary judgment, finding that the cancellation petition was barred by claim preclusion.
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