Cesari V. Peju May Have Reverberating Results

Law360, New York (December 21, 2017, 2:37 PM EST) -- In 2015, the U.S. Supreme Court ruled that inter partes proceedings before the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office could have preclusive effect in a subsequent court proceeding. According to B&B Hardware Inc. v. Hargis Industries Inc., "So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before the district court, issue preclusion should apply."[1]

Since then, the trademark bar has been waiting to see whether, and to what extent, this ruling would have any significant effect in practice. In her...

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