Trademarks Supreme Court of the United States

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
News & Analysis as of

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

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

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

Analysis: The Supreme Court’s B&B Hardware Decision Could Have a Significant Impact on Trademark Infringement Disputes

On March 24, 2015, the U.S. Supreme Court held that, under certain circumstances, rulings by the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB) on the core issue of “likelihood of confusion” in...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

Newsletter: March 2015

In This Issue: - Main Article: .. Inter Partes Review and the ITC: The Benefits and Risks of Filing IPR on Patents Asserted in an ITC Investigation - Noted With Interest: .. Securities Act Claims...more

Trademark/Copyright Litigation Update - March 2015

Supreme Court Confirms Jury Role in Trademark “Tacking.” Issuing its first substantive trademark decision in a decade, the Supreme Court unanimously held in January 2015 that the question of whether two trademarks are legal...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

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

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

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

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

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

Supreme Court Update: Omnicare, Inc. V. Laborers Industry Pension Fund (13-435), B&B Hardware V. Hargis Industries (13-352) And...

The Court began its March sitting this week (just in time for April), and issued decisions and two new cert grants. In this Update, we'll discuss Omnicare, Inc. v. Laborers Industry Pension Fund (13-435), on issuer liability...more

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

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

Will Supreme Court Issue Preclusion Ruling Give TTAB Decisions More Bite?

The Supreme Court addressed the preclusive effect of decisions of the USPTO’s administrative court, the Trademark Trial and Appeal Board (TTAB), on district court trademark infringement proceedings in B&B Hardware, Inc. v....more

Supreme Court’s Preclusion Ruling May Mean More District Court Trademark Cases

B&B Hardware, Inc. v. Hargis Industries, Inc., No. 13-352 (U.S. March 24, 2015) - Earlier this week, the United States Supreme Court issued its second substantive trademark ruling of its term, clarifying application of...more

Supreme Court Holds That TTAB Rulings Can Have Preclusive Effect in Court

On Tuesday, the Supreme Court issued its decision in B&B Hardware v. Hargis Industries, ruling that decisions of the Trademark Trial and Appeal Board (TTAB) on “likelihood of confusion” in trademark opposition proceedings can...more

Supreme Court: An Administrative Ruling on Confusion Can Be the Last Word in Trademark Litigation

Trademark disputes often focus on whether two marks create a “likelihood of confusion” with one another. That issue can come up before a court considering trademark infringement; before the Trademark Trial and Appeal Board...more

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