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Likelihood of Confusion Determination in Federal Court Trademark Infringement Lawsuit Is Subject to Issue Preclusion Based on a Prior TTAB Adjudication By Jonathan N. King
In B&B Hardware, Inc. v. Hargis Industries, Inc. 135 S.Ct. 1293 (2015), the United States Supreme Court held that so long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the Trademark Trial and Appeals Board (“TTAB”) are materially the same as those before a District Court, issue preclusion should apply.
September 29, 2015
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