U.S. Supreme Court,
Intellectual Property
Mar. 26, 2015
Litigation before trademark appeal board just got real
On Tuesday, the U.S. Supreme Court held that decisions of the Trademark Trial and Appeal Board may have a preclusive effect on subsequent litigation in federal courts. By Jocelyn M. Belloni and Sharoni S. Finkelstein
On Tuesday, the U.S. Supreme Court raised the stakes for litigants in proceedings before the U.S. Patent and Trademark Office's Trademark Trial and Appeal Board (TTAB) when it held that decisions of the TTAB may have a preclusive effect on subsequent trademark litigation in federal courts.
A TTAB proceeding determines whether a mark may be federally registered, whereas a federal court proceeding determines whether use of a mark is infringing. In B&B Hardware Inc. v. Hargis I...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In