NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1402

BERNARDO FOOTWEAR, LLC, Plaintiff-Appellant, v. DILLARD’S INC. Defendant, and FEDERATED DEPARTMENT STORES, INC., Defendant, and FORTUNE DYNAMIC, INC., Defendant-Appellee.

Edward W. Goldstein, Goldstein, Faucett & Prebeg, LLP, of Houston, Texas, argued for plaintiff-appellant. With him on the brief were Alisa A. Lipski and Wendy L.

Boone.

John T. Palter, Riney Palter, PLLC, of Dallas, Texas, argued for defendant- appellee. With him on the brief were Theodore J. Riney and Bruce K. Packard. Of counsel on the brief was Angela P. Lin, Huang, Fedalen & Lin, LLP, of Encino, California.

Appealed from: United States District Court for the Southern District of Texas Judge Nancy F. Atlas NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-1402

BERNARDO FOOTWEAR, LLC, Plaintiff-Appellant, v. DILLARD’S INC., Defendant, and FEDERATED DEPARTMENT STORES, INC., Defendant, and FORTUNE DYNAMIC, INC., Defendant-Appellee.

JUDGMENT ON APPEAL from the United States District Court for the Southern District of Texas in CASE NO. 07-CV-0963.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: Per Curiam (BRYSON, LINN, and MOORE, Circuit Judges.)

AFFIRMED. See Fed. Cir. R. 36

ENTERED BY ORDER OF THE COURT

DATED: March 4, 2009 / s / Jan Horbaly Jan Horbaly, Clerk