Brooklyn Brewery Corporation v. Brooklyn Brew Shop, LLC

Opinion

Case: 20-2277 Document: 52 Page: 1 Filed: 01/18/2022

United States Court of Appeals for the Federal Circuit _____________________________

January 18, 2022

ERRATA ______________________

Appeal No. 20-2277

BROOKLYN BREWERY CORPORATION, Appellant

v.

BROOKLYN BREW SHOP, LLC, Appellee

Decided: October 27, 2021 Precedential Opinion ______________________

Please make the following change: Page 9, lines 1–5, change “Thus, the test for likeli- hood-of-confusion or descriptiveness purposes is whether the challenger and registrant compete in the same line of business and failure to cancel an existing mark, or to refuse registration of a new mark, would be likely to cause the opposer competitive injury.” to “Thus, the issue for likeli- hood-of-confusion or descriptiveness purposes is typically whether the challenger and registrant compete in the same line of business and failure to cancel an existing mark, or Case: 20-2277 Document: 52 Page: 2 Filed: 01/18/2022

to refuse registration of a new mark, would be likely to cause the opposer competitive injury.”