BERLITZ SCHOOLS OF LANGUAGES OF AMERICA V. EVEREST HOUSE
619 F.2d 211 (2nd Cir. 1980)
NATURE OF THE CASE: This was an unfair competition and trademark suit.
FACTS: Berlitz (P) sued Everest House (D) for unfair competition and trademark dilution.
In 1974, the court recognized that Charles Berlitz could not identify himself as author of
language materials unless he made it clear that he was not connected with P. The disclaimer
that was put on D's language products was deemed sufficient for that purpose. That judgment
was affirmed on appeal. Charles then published a new Step by Step series of language books
and was sued again by the same plaintiffs. D plead collateral estoppel and moved for summary
judgment; it was granted. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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