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

787 F.3d 1368 (2015)

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

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

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Facts

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

Issue

Holding and Reasoning (Chen, J.)

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