News & Analysis as of

Claim Preclusion Likelihood of Confusion

Haug Partners LLP

Third Circuit Rules That Trademark Cancellation Proceedings Before The TTAB Do Not Preclude Later Infringement Lawsuits In Federal...

Haug Partners LLP on

On September 17, 2021, in Beasley v. Howard, 14 F.4th 226 (3d Cir. 2021), the Third Circuit joined the Second and Ninth Circuits in ruling that prior trademark cancellation actions in front of the Trademark Trial and Appeal...more

McDermott Will & Emery

Not So Swag: No Preclusive Effect for ITC Trademark Infringement, Validity Rulings

McDermott Will & Emery on

Addressing for the first time whether International Trade Commission (ITC) trademark infringement rulings have a preclusive effect on district court litigation, the US Court of Appeals for the Federal Circuit affirmed the...more

Jones Day

ITC’s Trademark Decisions Are Not Entitled To Preclusive Effect

Jones Day on

Last week the Federal Circuit held that, like patent decisions, ITC decisions pertaining to trademark infringement and validity are not entitled to preclusive effect. Swagway v ITC, No. 2018-1672 (May 9, 2019). The Court...more

Knobbe Martens

Trademark Decisions Rendered by the International Trade Commission Do Not Have Preclusive Effect

Knobbe Martens on

SWAGWAY, LLC V. ITC - Before Dyk, Mayer, and Clevenger. Appeal from the International Trade Commission. Summary: Trademark decisions of the International Trade Commission, like the Commission’s patent decisions, do not...more

Knobbe Martens

Trademark Review - December 2014

Knobbe Martens on

The TTAB Sets the Rules for Pleading Abandonment of a Section 66(a) Registration - VENM seeks registration of the mark VENM for dance costumes. Dragon Bleu opposed registration of VENM’s mark based on 3 earlier...more

Eversheds Sutherland (US) LLP

U.S. Supreme Court Hears Oral Argument Over the Preclusive Effect of Administrative Trademark Determinations on Future...

The U.S. Supreme Court heard oral argument last week in a much anticipated trademark matter, B&B Hardware Inc. v. Hargis Industries Inc. et al. The primary question presented was whether a likelihood-of-confusion...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trademark Cases Pending Before the U.S. Supreme Court

In December, the Supreme Court of the United States will hear oral arguments on two trademark cases: B&B Hardware, Inc. v. Hargis Industries, Inc. and Hana Financial v. Hana Bank. These cases address the issues of whether a...more

Proskauer Rose LLP

Supreme Court Told That TTAB Preclusion Raises Constitutional Concerns

Proskauer Rose LLP on

As reported in our September 23 Client Alert, the Supreme Court is set to hear argument on December 2 on the issue of whether likelihood of confusion findings by the Trademark Trial and Appeal Board (TTAB) are entitled to...more

Nossaman LLP

Supreme Court To Decide Preclusive Effect of TTAB Decisions on Subsequent Court Actions

Nossaman LLP on

Last week the Supreme Court granted certiorari to determine whether decisions of the Trademark Trial and Appeals Board (TTAB) concerning likelihood of confusion preclude relitigating that issue in subsequent infringement...more

Proskauer Rose LLP

UPDATE: U.S. Supreme Court Will Decide What Preclusive Effect, If Any, Should Be Given to Likelihood of Confusion Findings by the...

Proskauer Rose LLP on

As we reported in our May 29 client alert, the Solicitor General submitted an amicus brief recommending that the Supreme Court grant a petition for certiorari seeking a determination of whether likelihood of confusion...more

Proskauer Rose LLP

Petition for Certiorari Filed Regarding Preclusive Effect of Likelihood of Confusion Findings by the Trademark Trial and Appeal...

Proskauer Rose LLP on

In advising clients and making strategic decisions about whether to bring or defend inter partes proceedings before the Trademark Trial and Appeal Board ("TTAB"), trademark practitioners need to consider carefully whether...more

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