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IP News

By Howard J. Shire and Brooke Hazan
April 02, 2015

S. Ct.: Findings on Likelihood of Confusion by TTAB

On March 24, 2015, the United States Supreme Court issued a 7-2 opinion, authored by Justice Alito, in B&B Hardware, Inc. v. Hargis Indus., Inc., Case No. 13-352. The majority held that “[s]o long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB [Trademark Trial and Appeal Board] are materially the same as those before the district court, issue preclusion should apply.” Slip op. at 22. Justices Roberts, Kennedy, Ginsburg, Breyer, Sotomayor, and Kagen joined in the opinion. Justice Ginsburg filed a concurring opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.

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