This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and one nonprecedential order. The precedential opinion comes in a trademark case on appeal from the Trademark Trial and Appeal Board, the nonprecedential opinion in an appeal from the Merit Systems Protection Board, and the nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.
Bullshine Distillery LLC v. Sazerac Brands, LLC (Precedential)
Bullshine Distillery LLC (Bullshine) appeals a decision of the Trademark Trial and Appeal Board (Board) finding Sazerac Brands, LLC’s (Sazerac) FIREBALL marks are not generic. Sazerac Brands, LLC v. Bullshine Distillery LLC, No. 91227653, 2023 WL 2423356, at *22 (Mar. 6, 2023). Sazerac cross-appeals the Board’s determination there is no likelihood of confusion under Section 2(d) of the Lanham Act (codified at 15 U.S.C. § 1052(d)) between the FIREBALL marks and Bullshine’s proposed BULLSHINE FIREBULL mark. Id. at *30. For the following reasons, we affirm.
Metz v. Office of Personnel Management (Nonprecedential)
Mrs. Cheryl Metz applied for survivor annuity benefits after her husband’s death in 2006. The Office of Personnel Management (“OPM”) denied her application. Mrs. Metz appealed the denial of her application to the Merit Systems Protection Board (“MSPB”). The MSPB administrative judge (“AJ”) affirmed OPM’s denial of benefits, and that decision became final on March 16, 2023. Metz v. OPM, No. DC-0831-22-0046-I-2, 2023 WL 1949093 (M.S.P.B. Feb. 9, 2023) (“Decision”), J.A. 1–34. Mrs. Metz appeals, and we affirm.