Opinion · Court of Appeals for the Federal Circuit

Parker Brothers v. Tuxedo Monopoly, Inc.

757 F.2d 254

Type
Opinion
Court
Court of Appeals for the Federal Circuit
Jurisdiction
Federal
Date
1985-03-01
Topic
litigation

ORDER MARKEY, Chief Judge. Parker Brothers appeals from denial by the Trademark Trial and Appeal Board (Board) of its motion for summary judgment. * As is its duty, the court raises sua sponte the question of its jurisdiction to *255 hear this appeal. Mansfield, C & L M.R.R. Co. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511, 28 L.Ed. 462 (1884); Wagner Shokai, Inc. v.

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PARKER BROTHERS v. TUXEDO MONOPOLY, INC.,757 F.2d 254(Fed. Cir. 1985)
PARKER BROTHERS, APPELLANT, v. TUXEDO MONOPOLY, INC., APPELLEE.
Appeal No. 84-1499.
United States Court of Appeals, Federal Circuit.
March 1, 1985.
Oliver P. Howes, Jr., Nims, Howes, Collison Isner, New York City, for appellant.

Virginia R. Richard, Kane, Dalsimer, Kane, Sullivan Kurucz, New York City, for appellee.
Appeal from the Trademark Trial and Appeal Board.
Before MARKEY, Chief Judge, RICH, Circuit Judge, and COWEN, Senior Circuit Judge.
[1] ORDER
MARKEY, Chief Judge.
[2] Parker Brothers appeals from denial by the Trademark Trial and Appeal Board (Board) of its motion for summary judgment.fn*

[3] As is its duty, the court raisessua spontethe question of its jurisdiction toPage 255hear this appeal.Mansfield, C L M.R.R. Co. v. Swan,111 U.S. 379,382,4 S.Ct. 510,511,28 L.Ed. 462(1884);Wagner Shokai, Inc. v. Kabushiki Kaisha Wako,699 F.2d 1390,1391, 217 USPQ 98 (Fed. Cir. 1983).Seegenerally5 WRIGHT MILLER, FEDERAL PRACTICE AND PROCEDURE §§ 1350, 1393.

[4] An order denying a motion for summary judgment is interlocutory, non-final, and non-appealable.28 U.S.C. § 1291,1292. That rule is applicable to orders entered by the Board.R.G. Barry Corp. v. Mushroom Makers, Inc.,609 F.2d 1002, 204 USPQ 195 (CCPA 1979);see also Wagner Shokai,699 F.2d at 1391, 217 USPQ at 98.See generally6 J. Moore J. Wicker, MOORE'S FEDERAL PRACTICE ¶ 56.21[2] (2d ed. 1982).

[5] It is therefore ORDERED

[6] 1) that the appeal be dismissed.
  1. Tuxedo Monopoly, Inc. (TUXEDO) asks this court to reverse the Board's denial of its motion for summary judgment and to order cancellation of Parker's registrations. Tuxedo filed no appeal, and its requests are therefore improper. ↩