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Claim Preclusion › Trademark Cancellation

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

Saiber LLC

Defendant Sings the Blues as Third Circuit Decides Claim Preclusion Based on Prior TTAB Decision Does Not Apply in Matter of First...

Saiber LLC on

In a recent precedential opinion, Beasley v. Howard, ___ F.4th ___ (3d Cir. 2021) (publication pending), the United States Court of Appeals for the Third Circuit determined, in an issue of first impression, that trademark...more

Sheppard Mullin Richter & Hampton LLP

The Urock Network, LLC v. Umberto Sulpasso – Claim Preclusion Rocked Cancellation

Sheppard Mullin Richter & Hampton LLP on

In this opinion, the Board granted Respondent’s motion for summary judgment on the basis of claim preclusion based on the prior dismissal of an opposition involving the same parties due to Petitioner’s failure to prosecute....more

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