Supreme Court holds that issue preclusion may apply to TTAB decisions

By Sydney R Kokjohn

The Supreme Court has held that issue preclusion may apply to Trademark Trial and Appeal Board decisions. While the decision itself is relatively narrow, it could have a profound effect on how attorneys advise their clients

In a seven-to-two decision authored by Justice Alito, the Supreme Court held on March 24 2015 that issue preclusion may apply to Trademark Trial and Appeal Board (TTAB) decisions. The case, B&B Hardware, Inc v Hargis Industries, Inc (No 13-352, 2015 WL 1291915, at 1), sought to determine:

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Issue 72