Trademarks, B&B Hardware v Hargis Industries

ITC’s Trademark Decisions May Have Preclusive Effect, After All

Jones Day on 9/9/2019

The Federal Circuit recently vacated part of its decision from three months ago, which held that “the Commission’s trademark decisions, like its patent decisions, do not have preclusive effect.” We reported on that decision....more

Beware! A Trademark Trial and Appeals Board Decision Can Stop You in Your Tracks

Knobbe Martens on 1/30/2018

It has been a few years since the Supreme Court decision in the case B&B Hardware, Inc. v. Hargis Industries, Inc., and we are beginning to see the aftermath in the district courts. In B&B Hardware, the Supreme Court held...more

Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal...

Sheppard Mullin Richter & Hampton LLP on 12/27/2017

Federal district courts continue to apply the Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Indus., Inc., 135 S.Ct. (2015) with unpredictable results. The latest such example comes from the Southern District of New...more

B&B Hardware Precludes Defense To Likelihood Of Confusion In District Court

Akerman LLP - Marks, Works & Secrets on 12/19/2017

In 2015, the Supreme Court, in its decision in B&B Hardware, Inc. v. Hargis Industries, Inc. (“B&B”), held that sometimes issue preclusion should apply to prior Trademark Trial and Appeal Board (“TTAB”) decisions. 135 S. Ct....more

A Quick Look at the New Trademark Trial and Appeal Board Rules

McCarter & English, LLP on 12/28/2016

The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more

Branding Checklist: Boom Or Bust 2016

Nossaman LLP on 1/7/2016

2016 is already upon us! Now is a good time to thoroughly review your business’ branding, advertising and trademark portfolio. Your trademark represents the goodwill of your business, and therefore proper procurement,...more

Trademark Practitioners Beware: Issue Preclusion May Now Apply to TTAB Findings More Often Than You Think

Proskauer Rose LLP on 9/4/2015

Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more

B&B Hardware v. Hargis – What it Means and How it will Affect TTAB Litigation

Ladas & Parry LLP on 8/26/2015

The U.S. Supreme Court recently issued a decision that may significantly impact how Trademark Trial and Appeal Board (“TTAB”) cases are litigated and whether potential litigants elect to forego TTAB litigation in certain...more

Caveat Opposer: Preclusion Lurks at the TTAB

Akerman LLP - Marks, Works & Secrets on 8/12/2015

Recently, the Trademark Trial and Appeal Board (the “TTAB”) held that an unsuccessful opposer was precluded from later pursuing a cancellation against the same trademark owner, even though the opposer assumed a different...more

Heinz Seeks “Smart” De Novo Review In Light Of B&B Hardware

Akerman LLP - Marks, Works & Secrets on 6/3/2015

H.J. Heinz Co. (“Heinz”) filed a federal lawsuit recently against Boulder Brands USA (“Boulder”) seeking to vacate and reverse a Trademark Trial and Appeal Board decision finding that Boulder’s SMART BALANCE trademark is not...more

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

McDonnell Boehnen Hulbert & Berghoff LLP on 6/3/2015

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

Supreme Court Holds that Issue Preclusion May Apply to TTAB Decisions

McDonnell Boehnen Hulbert & Berghoff LLP on 5/27/2015

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

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

Proskauer Rose LLP on 4/30/2015

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

Trademark Review | April 2015

Knobbe Martens on 4/29/2015

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

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

WilmerHale on 4/21/2015

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

Neal, Gerber & Eisenberg LLP on 4/15/2015

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

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

Foley Hoag LLP - Trademark, Copyright &... on 4/13/2015

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

Supreme Court: TTAB Decisions May Have Preclusive Effect in Litigation

McDermott Will & Emery on 3/31/2015

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

Bradley Arant Boult Cummings LLP on 3/31/2015

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

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

Fenwick & West LLP on 3/31/2015

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

B&B Hardware v. Hargis – U.S. Supreme Court Declares TTAB Findings Can Have Preclusive Effect on Subsequent Federal Court...

Sheppard Mullin Richter & Hampton LLP on 3/31/2015

On Tuesday, March 24, 2015, the U.S. Supreme Court issued its second decision in substantive trademark law in nearly a decade. B&B Hardware, Inc. v. Hargis Indus., Inc., No. 13-352, slip op. at 22, 575 U.S. __ (2015). ...more

The New World of Trademark Litigation After The Supreme Court's B&B Hardware Decision

McNees Wallace & Nurick LLC on 3/30/2015

Last week, the U.S. Supreme Court held that a ruling by the Trademark Trial and Appeal Board (TTAB) may be binding on a federal court that later hears the same issue. The Court's decision is likely to significantly affect the...more

Locke Lord QuickStudy: Supreme Court Upends Brand Protection Strategies

Locke Lord LLP on 3/30/2015

In the landmark B&B Hardware, Inc. v. Hargis Industries, Inc. case the Supreme Court held that administrative Trademark Trial and Appeal Board (TTAB) decisions on likelihood of confusion may preclude the parties from...more

IP Newsflash - March 2015 #4

Akin Gump Strauss Hauer & Feld LLP on 3/30/2015

U.S. SUPREME COURT CASES - B&B Hardware, Inc. v. Hargis Industries, Inc., Potential Issue Preclusion on Likelihood of Confusion Rulings - On March 24, 2015, the United States Supreme Court ruled that that a...more

Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal...

Williams Mullen on 3/30/2015

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same...more

Trademarks › B&B Hardware v Hargis Industries

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