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Expert Analysis

Weaving B&B Hardware Into TTAB Litigation Strategy

Law360, New York (May 13, 2015, 10:16 AM EDT) -- In the wake of B&B Hardware Inc. v. Hargis Industries Inc., 13-352 (U.S. Mar. 24, 2015), Trademark Trial and Appeal Board practitioners and trademark litigators need to assess how issue preclusion will factor into litigation strategy. In B&B Hardware, the U.S. Supreme Court ruled in a 7-2 decision that "a court should give preclusive effect to TTAB decisions if the ordinary elements of issue preclusion are met." Slip op. at 2. While it may be some time before we see court decisions relying upon or distinguishing this case, it is never too early to consider how B&B Hardware can shape strategy in TTAB proceedings....

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