Levy v. Kosher Overseers Association of America, Inc.

Rabbi Dan Yoel Levy and Eliezer Levy (plaintiffs) had used a kosher certification mark, a "K" inside a circle, since 1936, registered since 1965. Kosher Overseers Association (KOA) (defendant) began using its own "K" inside a half-moon circle since 1979 and, in 1989, applied to register that mark; Levy opposed, arguing the marks were confusingly similar. The Trademark Trial and Appeal Board (TTAB) agreed with Levy and found a likelihood of confusion, and although KOA didn't appeal that ruling, it kept using its mark anyway. Levy then sought a permanent injunction, moving for summary judgment on the theory that the TTAB decision collaterally estopped relitigating the confusion question; the district court agreed and granted the injunction, and KOA appealed.