Fed. Circ. Walks Back ITC Trademark Preclusion Ruling

By Dani Kass (August 14, 2019, 8:48 PM EDT) -- The Federal Circuit on Wednesday took back its circuit-splitting decision that trademark rulings from the International Trade Commission preclude district court litigation over the same issue.

The three-judge panel vacated its preclusion ruling in a reissued opinion after trademark registration owner Segway Inc. pointed out a series of precedents to the contrary. The court's May opinion, in an infringement case Segway brought against a company called Swagway LLC, hadn't analyzed any of those rulings before issuing what appeared to be an off-the-cuff decision.

"The panel did not 'see' those reasons because it did not have the benefit of any briefing on the...

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