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Media Coverage

Fish’s Cynthia Walden discusses the significance of the Supreme Court’s decision in B&B Hardware Inc. v. Hargis Industries Inc.

March 25, 2015

Media Coverage

Fish’s Cynthia Walden discusses the significance of the Supreme Court’s decision in B&B Hardware Inc. v. Hargis Industries Inc.

March 25, 2015

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“The Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Industries, Inc. is well-reasoned. The court emphasizes that the likelihood of confusion standard is the same in the registration context and the enforcement context, and that minor variations in the application of the standard do not defeat preclusion. If an aggrieved party believes the TTAB got it wrong, it should seek judicial review. Importantly, the court noted that the general rules of issue preclusion should be applied and if use in the marketplace is a determinative issue that the TTAB did not evaluate, there would be no preclusive effect.”

The full Law360 article, published on March 24, 2015, can be read here.

Read Fish’s Legal Alert on this important decision.

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