Amicus Brief
B & B Hardware, Inc. v. Hargis Industries, Inc.
Published: September 26, 2014
Court
U.S. Supreme Court
Our Position
Although preclusion should not apply, district courts should be able to decide whether to give any deference to a prior determination of the Trademark Trial and Appeal Board on individual factors that might be considered in the broader analysis of whether confusion is likely.
Outcome
The Supreme Court refused to adopt a blanket rule that preclusion should automatically apply, but held that, so long as all other elements of issue preclusion are met, preclusion should apply when the usages adjudicated by the Trademark Trial and Appeal Board are materially the same as those before a district court. In a concurring opinion, Justice Ginsburg observed that preclusion should not apply where the TTAB does not consider use of the mark in the marketplace. Read the decision here.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
To find out more please see our Cookies Policy and Privacy Policy.
These cookies are used to identify a user’s browser as the visitor goes from page to page on the Site. These are session cookies, which means that the cookie is deleted when you leave the Site. It is an integral piece of the Site software and used to let the server know which users are on the Site at any given time and make certain parts of the Site easier to use.
|
|
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
These cookies are used to collect information about how visitors use our Site. The cookies collect information in anonymous form, including the numbers of visitors to the Site, where visitors have come to the Site from, the pages they visited and how they have interacted with tools on the Site like search and embedded media players. We use the information to compile statistical reports of our users’ browsing patterns so that we can improve the Site.
|
|
Please enable Functionality Cookies first so that we can save your preferences!
These cookies are used to deliver advertising relevant to the interests of visitors to our Site. They are persistent, which means they will remain on your device after you leave the Site.
- Facebook (Ad Pixel)
- Google (Ad Pixel)
- LinkedIn (Ad Pixel)
- Quattro Anonymous
Please enable Functionality Cookies first so that we can save your preferences!