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Nasalok Coating Corp. v. Nylok Corp.

United States Circuit Court for the Federal Circuit
522 F.3d 1320 (Fed. Cir. 2008)


Facts

Nylok Corporation (Nylok) (plaintiff) is a U.S. corporation that produces self-locking fasteners with nylon elements. Nylok owned a federally registered trademark for a fastener with a patch of blue on the threads. Nasalok Coating Corporation (Nasalok) (defendant) is a Korean company that produces self-locking fasteners with nylon coatings, whose products are often ultimately sold to purchasers in the United States. Nylok sued Nasalok and four other companies for infringing its trademark in the United States District Court for the Northern District of Illinois. The district court validated Nylok’s trademark and entered default judgment against Nasalok. Nasalok did not appeal the decision, but instead filed a petition with the Trademark Trial and Appeal Board (the Board) for cancellation of Nylok’s trademark on the grounds that it was invalid and the registration was fraudulently obtained. The Board entered summary judgment in favor of Nylok, and Nasalok appealed to the United States Court of Appeals for the Federal Circuit.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

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