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1 Year Since B&B Hardware

Law360, New York (March 23, 2016, 12:06 PM EDT) -- Jason S. Nardiello

M. Eric Galvez

Elizabeth A. Cominolli Feelings of anxiety permeated the trademark legal community almost immediately after the U.S. Supreme Court’s March 24, 2015, holding in B&B Hardware, which stands most significantly for the ability of Trademark Trial and Appeal Board decisions to have a preclusive effect on federal court actions. There was concern, and perhaps rightly so, that B&B Hardware would usher in a new era where the TTAB’s prominence would grow from an esoteric federal agency to that of a near equal to federal courts. However, now nearly a full year after the B&B Hardware opinion,...

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