Attorneys React To Supreme Court's TTAB Preclusion Ruling
Law360, New York (March 24, 2015, 7:42 PM EDT) -- On Tuesday, the U.S. Supreme Court ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same issue from the Trademark Trial and Appeal Board. Here, attorneys tell Law360 why the decision in B&B Hardware Inc. v. Hargis Industries Inc. is significant.
Dawn Rudenko Albert, Dickstein Shapiro LLP
“Like the holding, the significance is also limited. Oppositions and cancellations will continue to be filed by trademark owners as will infringement litigations after TTAB decisions. How trademark owners approach these proceedings may change. A TTAB win could set the stage for damages or injunction in...
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