Title
Berni v. Intern. Gourmet Restaurants of America, 838 F. 2d 642 - Court of Appeals, 2nd Circuit 1988
Document Type
Article
Publication Date
1-29-1988
Abstract
Mauritzio and Armando Berni and Claudio Massari (collectively the "Bernis") appeal from a judgment dismissing their claims of unfair competition, false description and trademark infringement for lack of standing. Appellants contend that ownership of the United States registration of an Italian mark devolved to them from their predecessors-in-interest. They seek to enforce their alleged rights in the registration against those, presently using it in the United States, who are the assignees of the registrant. Appellees move this Court for an award of attorneys fees and double costs under Fed.R.App.P. 38. We find that appellants have not established standing to pursue this action and, therefore, we affirm the judgment of the district court. We deny appellees' request for sanctions.
Recommended Citation
Miner '56, Roger J., "Berni v. Intern. Gourmet Restaurants of America, 838 F. 2d 642 - Court of Appeals, 2nd Circuit 1988" (1988). Circuit Court Opinions. 81.
https://digitalcommons.nyls.edu/circuit_opinions/81
Comments
838 F.2d 642 (1988)
Mauritzio BERNI, Armando Berni, and Claudio Massari, Individually and/or as Former Shareholders of SRL L'Originale Alfredo All'Augusteo on Behalf of SRL L'Originale Alfredo All'Augusteo, Plaintiffs-Appellants, v. INTERNATIONAL GOURMET RESTAURANTS OF AMERICA, INC., Alfredo, the Original of Rome (NY), Inc., IGRA of New York, Inc., Kilgale, Ltd., and Guido Bellanca, Defendants-Appellees.
No. 19, Docket 87-7079.United States Court of Appeals, Second Circuit.
Argued September 18, 1987.Decided January 29, 1988.New York Law School location: File #439, Box #120