TTAB Litigation Just Got More Complicated, More Expensive

Law360, New York (March 26, 2015, 2:15 PM EDT) -- In a narrow ruling that will nonetheless have a broad impact, the U.S. Supreme Court held Tuesday that a court should give preclusive effect to decisions of the Trademark Trial and Appeal Board if the ordinary elements of issue preclusion are met. Justice Samuel Alito, writing for the majority, responded to a number of arguments and hypotheticals with the idea that none of these was a reason “never” to give preclusive effect.

Petitioner B&B Hardware Inc. and respondent Hargis Industries Inc. both manufacture metal fasteners. B&B’s fasteners are for the aerospace industry, and Hargis’ are for the construction trade. Some 20 years...

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