From our private database of 13,000+ case briefs...
Berlitz Schools of Languages of America v. Everest House
United States Court of Appeals for the Second Circuit
619 F.2d 211 (1980)
Charles Berlitz (defendant) authored a series of “Passport” language books containing his name and a disclaimer on the book cover. The disclaimer was required to dispel any misconception that Charles Berlitz was connected with the Berlitz Schools of Languages of America (Berlitz Schools) (plaintiff). In a prior action, Berlitz Schools sued Charles Berlitz in New York state court for unfair competition and trademark dilution, challenging the sufficiency of the disclaimer. The state court held that the disclaimer sufficed to dispel confusion. That judgment was affirmed on appeal. Thereafter, Charles Berlitz authored a new “Step-by-Step” series of language books. His name and the same disclaimer appeared on the cover, though in different proportions. Berlitz Schools brought this action for trademark infringement and unfair competition against Charles Berlitz in the United States District Court for the Southern District of New York. Charles Berlitz moved for summary judgment on the grounds that the doctrine of collateral estoppel precluded Berlitz Schools from relitigating the sufficiency of the disclaimer. The district court granted Charles Berlitz’s motion for summary judgment. Berlitz Schools appealed, arguing that differences in the facts precluded the application of collateral estoppel.
Rule of Law
Holding and Reasoning (Lumbard, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 129,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 177 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.