USPTO Trademark Board Isn't Judicial Body, 8th Circ. Says

By Kurt Orzeck (May 1, 2013, 6:52 PM EDT) -- The Eighth Circuit ruled Wednesday that a lower court was right to disallow the Trademark Trial and Appeals Board's decision in a Texas company's infringement battle over the mark registration of construction screws, saying the board did not qualify as a judicial body.

A three-judge panel said the board's decision shouldn't have a preclusive effect in the suit over marketing for products geared toward different industries.

"The products, other than having similar names and both being fasteners, were not similarly priced, similarly marketed, or intended to be used in conjunction with or in substitution for one another," the opinion said....

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