Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

M.Z. Berger & Co., Inc. v. Swatch AG

United States Court of Appeals for the Federal Circuit
787 F.3d 1368 (2015)


M.Z. Berger & Co. (Berger) (defendant) was a watch and clock manufacturer. Berger filed an intent-to-use trademark application for the mark “iWatch” for three categories of goods: watches, clocks, and related accessories. Swatch AG (plaintiff) was a direct competitor to Berger. Swatch filed an opposition to Berger’s “iWatch” application, alleging confusing similarity to its “Swatch” mark and that Berger lacked a bona fide intent to use the mark at the time of filing the application. The Trademark Trial and Appeal Board (the board) concluded that Berger in fact lacked any genuine plans to use the mark in commerce, based on Berger’s lack of any objective evidence establishing such intent and contradictory testimony by Berger officials and their failure to present any plans for particular products that would bear the mark. The board sustained Swatch’s opposition, and Berger appealed.

Rule of Law


Holding and Reasoning (Chen, J.)

What to do next…

  1. 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 457,000 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.

  2. 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial