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Issue Preclusion

ScrewedOn March 24, 2015, the United States Supreme Court issued its decision in B&B Hardware, Inc. v. Hargis Industries, Inc., a case that involved the question of whether a decision by the Trademark Trial and Appeal Board ("TTAB") finding likelihood of confusion could preclude Hargis from contesting likeliood of confusion in federal district court. In short, the Supreme Court held that "[s]o long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before the district court, issue preclusion should apply." A copy of the decision is available here: B&B Hardware decision. The oral argument can be listened to here: B&B Hardware oral argument. continue reading→