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Expert Analysis

High Court May Make TTAB Proceedings More Important

Law360, New York (December 2, 2014, 9:34 PM EST) -- On Dec. 2, 2014, the U.S. Supreme Court heard oral arguments in B&B Hardware Inc. v. Hargis Industries Inc. et al.[2], a highly anticipated trademark case that could have wide-reaching effects for trademark owners and practitioners alike. The questions presented were (1) whether a finding of likelihood of confusion by the Trademark Trial and Appeal Board in an opposition proceeding precluded the unsuccessful trademark applicant from relitigating that issue in subsequent trademark infringement litigation and (2) whether, if issue preclusion does not apply, the district court was obliged to defer to the TTAB's finding of a likelihood of confusion....

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