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Don’t Miss a Beat – Misunderstanding Your Intellectual Property Rights Could Cost You Your Protections By Jonathan N. King, Gabriella A. Wilkins
You have obtained federal trademark protection, so you should feel that all of your intellectual property rights are protected, right? What if you have not obtained the appropriate intellectual property protections? In fact, many people misunderstand the scope of the intellectual property rights they possess and it has ended up costing them significantly. A recent Ninth Circuit case illustrates this precise dilemma, and what’s at stake by not clearly understanding and differentiating between different aspects of intellectual property protection.
March 6, 2017
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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