Let's Hope High Court TTAB Case Doesn't Hurt PTAB Rulings

Law360, New York (June 4, 2014, 4:47 PM EDT) -- On May 23, 2014, the solicitor general filed his invited “Brief for the United States as Amicus Curiae” urging the U.S. Supreme Court to grant certiorari to review the Eighth Circuit’s decision in B&B Hardware Inc. v. Hargis Industries Inc., 569 F.3d 383, 106 USPQ2d 1660 (8th Cir. 2009). The fact that the solicitor general has urged the Supreme Court to grant certiorari obviously increases the probability that the court will do so, and this paper is written on the assumption that it will do so.

B&B Hardware is a trademark case, and the authors are patent attorneys, not trademark attorneys....

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