On June 28, 1966, Goldberg was nominated by President Lyndon B. Johnson to a new seat on the United States Court of Appeals for the Fifth Circuit created by 80 Stat. 75. He was confirmed by the United States Senate on July 22, 1966, and received his commission the same day.[1] He assumed senior status on January 31, 1980, and served in that capacity until his death on February 11, 1995, in Dallas.[2] Judge Goldberg authored the case Zatarains, Inc. v. Oak Grove Smokehouse, Inc. 698 F.2d 786 (5th Cir. 1983), a leading case in trademark law.