B&B Hardware: TTAB decisions to have preclusive effect in trademark litigation (sometimes)

In B&B Hardware Inc. v. Hargis Industries, Inc. (Supreme Court 2015), the Supreme Court held that Trademark Trial and Appeal Board (TTAB) decisions regarding likelihood of confusion have preclusive effect in subsequent district court infringement actions “[s]o long as the other ordinary elements of issue prelusion are met [and] when the issues adjudicated by the TTAB are materially the same as those before the district court.”

B&B Hardware v Hargis 13-352_c0n2.pdf

This entry was posted in District Court, Likelihood of confusion, Preclusion, Supreme Court, Trademark Infringement, TTAB and tagged , , , , , . Bookmark the permalink.

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