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Articles

Supreme Court to determine level of deference given to TTAB decisions

July 2, 2014

Articles

Supreme Court to determine level of deference given to TTAB decisions

July 2, 2014

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On July 1, 2014, the United States Supreme Court granted certiorari in B&B Hardware, Inc., v. Hargis Industries, Inc., to decide what level of deference, if any, federal courts should give to likelihood of confusion findings by the USPTO’s Trademark Trial and Appeal Board (TTAB).

In B&B Hardware, defendant Hargis applied to register SEALTITE for construction fasteners and sheeting screws for use in the metal building industry. B&B, owner of a federal trademark registration for SEALTIGHT, opposed the registration of Hargis’ SEALTITE application in the TTAB. The TTAB found that there was a likelihood of confusion between the marks and refused registration of Hargis’ SEALTITE application. — Read more on Fish’s Litigation Blog

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