Trademark Trial and Appeal Board

News & Analysis as of

Supreme Court Holds that Issue Preclusion May Apply to TTAB Decisions

In a 7-2 decision authored by Justice Alito, the Supreme Court held on March 24, 2015, that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions. The case, B&B Hardware, Inc. v. Hargis Industries,...more

IP Dispute Resolution Review Newsletter, Spring 2015

In This Issue: - The New “Clear Error” Standard of Review in Patent Infringement Mediation - Trademark Trial Appeal Board Decisions Now Have Preclusive Effect - Engaging Panelists for Neutral Analysis Provides...more

Yankees Win Big Trademark Battle at the USPTO

On May 8, 2015, the Trademark Trial and Appeal Board (“TTAB”) upheld an opposition instituted by the New York Yankees to block several trademarks from becoming registered. New York Yankees Partnership v. IET Products and...more

The Juice Runs Out for Yankee Parody Trademarks

A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit....more

The House That Juice Built: TTAB Denies Registration To Parodies

On May 8, 2015, the Trademark Trial and Appeal Board (the “Board”) issued a resounding blow to trademark applicants who seek to register others’ trademarks as parodies. In New York Yankees Partnership v. IET Products and...more

Likelihood of Preclusion: Fallout From the Supreme Court Ruling on Likely Confusion

Move over likelihood of confusion, there is another sheriff in town, at least when it comes to looking for guidance on best practices and strategic considerations for a brand owner’s clearance, registration, protection and...more

Constitutional Law vs. Trademark Law: Which Law Wins in the Battle of "Disparaging Trademarks": Part II

Earlier this week we covered Part I of this battle, trademark law. Now, let’s get to the second half: Constitutional law. Constitutional Law Considerations - Where do constitutional law considerations fit in...more

SCOTUS Opts Not To Remand Case Raising Preclusion Question Answered in B&B Hardware

On April 27, the Supreme Court surprisingly denied certiorari in Escamilla v. M2 Tech., Inc., U.S., No. 14-1012 rather than remanding the case for further consideration in light of the High Court's recent decision in B&B...more

TTAB Appeal at USDC – Win or Lose – You Pay the USPTO Costs

On April 23, 2015, the Fourth Circuit Court of Appeals ruled (2-1) in the case of Shammas v. Focarino, that, win or lose, a party who files a U.S. district court appeal from a decision of the Trademark Trial and Appeal Board...more

The High Price of Challenging a Refusal to Register a Trademark in District Court

Applicants who challenge in a federal district court a Trademark Trial and Appeal Board decision that upholds a PTO refusal to register a trademark may be required to reimburse the government for PTO attorney fees, even if...more

Constitutional Law vs. Trademark Law: Which Law Wins in the Battle of "Disparaging Trademarks"

The topic of “disparaging trademarks” has been a fairly common topic in the trademark industry, especially when you consider how little this issue comes up in the prosecution and litigation of trademarks. ...more

Trademark Review | April 2015

The Supreme Court Rules TTAB Findings May Have Preclusive Effect in Later Federal Court Proceedings - B&B and Hargis have long contested each other’s rights in the mark "SEALTIGHT" for fasteners. B&B was the first to...more

Win or Lose, Trademark Applicants Must Pay PTO Attorney Fees in Appeals to District Court, Fourth Circuit Says

In a 2-1 decision issued on April 23, 2015, the Fourth Circuit held that a trademark applicant who appeals an adverse ex parte decision of the Trademark Trail and Appeal Board (TTAB) to a U.S. District Court must pay the...more

Supreme Court Holds that TTAB Decisions May Have Preclusive Effect, Raising Stakes for Trademark Agency Proceedings

On March 24, the US Supreme Court issued a decision that is likely to raise the stakes of proceedings before the Trademark Trial and Appeal Board (TTAB). In B&B Hardware, Inc.v. Hargis Industries, Inc., No. 13-352 (March 24,...more

Supreme Court Decision Gives Preclusive Effect to TTAB Rulings

Opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB) may take on additional significance after the U.S. Supreme Court’s recent decision in B&B Hardware v. Hargis Industries, No. 13-352,...more

Why Trademark Owners Should Care about the B&B Hardware Decision

On March 24, 2015, the Supreme Court decided the case of B&B Hardware v. Hargis Indus. This case represented a long-standing trademark battle brought in both federal court and before the Trademark Trial and Appeal Board...more

Supreme Court’s B&B Hardware ruling creates the potential for court deference to the TTAB — but will it happen?

Did TTAB proceedings — until now considered a relatively obscure branch of IP litigation, conducted before an administrative body of which most attorneys are blissfully unaware — just assume greater importance? That seems...more

Dilution Claim Dismissed Based on Unreasonably Delay - Ava Ruha Corp. v. Mother’s Nutritional Center, Inc.

In a precedential cancellation action, the U.S. Patent and Trademark Office’s (USPTO) Trademark Trial and Appeal Board (TTAB or Board) held that petitioner’s three-year, two-month delay in petitioning to cancel the...more

Don't Underestimate the Importance of TTAB Proceedings

A recent U.S. Supreme Court decision, B&B Hardware, Inc. v. Hargis Industries, Inc., heightens the importance of often-neglected trademark conflict administrative proceedings in the Trademark Trial and Appeal Board....more

Supreme Court Marks TTAB Decisions as Having Preclusive Effect

The Supreme Court of the United States held in B&B Hardware, Inc. v. Hargis Industries, Inc., that some decisions by the Trademark Trial and Appeal Board (TTAB) may have a preclusive effect on judgments by federal district...more

B&B Hardware v Hargis Industries - Supreme Court: TTAB rulings refusing registration on likelihood of confusion grounds may be...

The United States Supreme Court has decided an important question of trademark law that has divided the courts of appeals. The Court held in B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352, 575 U.S. ____, 2015...more

Supreme Court: TTAB Decisions May Have Preclusive Effect in Litigation

Issuing its second trademark decision in 2015, the Supreme Court of the United States in a 7–2 decision reversed the U.S. Court of Appeals for the Eighth Circuit, concluding that an administrative ruling by the U.S. Patent...more

U.S. Supreme Court Addresses Preclusive Effect of Likelihood of Confusion Rulings by Trademark Trial and Appeal Board

Adverse findings in trademark registration opposition and cancellation proceedings in the United States Patent and Trademark Office (PTO) may come back to bite the parties to these relatively inexpensive administrative...more

On Unintended Consequences: Will the B&B SCOTUS Ruling Encourage Trademark Bullies?

Last week, while I was preparing for and had the unique opportunity of arguing a real, live TTAB final hearing on the merits, outside the TTAB’s typical oral hearing location (because it was selected by the TTAB to be part of...more

Litigation Alert: U.S. Supreme Court Raises the Stakes in Trademark Proceedings at the TTAB

This week, the Supreme Court issued an important ruling that will significantly impact the way parties handle trademark disputes in the United States. The opinion in B&B Hardware, Inv. v. Hargis Industries, Inc., 575 U.S....more

152 Results
|
View per page
Page: of 7

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×