
    BERNARDO FOOTWEAR, LLC, Plaintiff-Appellant, v. DILLARD’S INC., Defendant, and Federated Department Stores, Inc., Defendant, and Fortune Dynamic, Inc., Defendant-Appellee.
    No. 2008-1402.
    United States Court of Appeals, Federal Circuit.
    March 4, 2009.
    Edward W. Goldstein, Goldstein, Fau-cett & Prebeg, LLP, of Houston, TX, 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, TX, 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, CA.
    BRYSON, LINN, and MOORE, Circuit Judges.
   JUDGMENT

PER CURIAM.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

AFFIRMED. See Fed. Cir. R. 36.  