Supreme Court holds that issue preclusion may apply to TTAB decisions
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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