Levy v. Kosher Overseers Association of America, Inc.
United States Court of Appeals for the Second Circuit
104 F.3d 38 (1997)
Rabbi Dan Yoel Levy and Eliezer Levy (plaintiffs) had a kosher certification agency with a specific mark used to certify products as kosher. Levy’s mark is the image of a “K” with a circle around it. Levy’s agency and its predecessors had used this mark since 1936, and it was registered in 1965. Kosher Overseers Association of America (KOA) (defendant) was another kosher certification agency. KOA’s mark was a “K” with a half-moon circle around it, and KOA had used this mark since 1979. In 1989, KOA filed an application to register its mark with the United States Patent and Trademark Office (PTO). Levy filed an opposition to KOA’s application. Levy argued that KOA used a certification mark so similar to Levy’s that it would cause confusion among consumers. The Trademark Trial and Appeal Board (TTAB) granted Levy’s opposition and found that consumers would likely be confused by the two marks. KOA did not appeal the TTAB’s decision but did continue to use its mark. Levy then sought a permanent injunction to prevent KOA from using its mark. Levy filed a motion for summary judgment on the basis that the TTAB decision created a collateral-estoppel effect. The district court granted Levy’s motion and permanent injunction. KOA appealed this decision.
Rule of Law
Holding and Reasoning (Cabranes, 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 173,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.