The following arguments will be available to the public live, both in-person and through online audio streaming. Access information will be available by 9 AM.
I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making. From the first patent reform bill introduced by Representative Lamar Smith in June 20052.
The issue between the parties in B&B Hardware v. Hargis Indus., Inc. may have been limited to likelihood of confusion, but the United States Supreme Court didn’t limit its ruling to just this issue, and the federal courts have followed suit. Read on to find out how B&B Hardware has been extended to prevent relitigation of other issues and find out some practical tips for practitioners.
The issue between the parties in B&B Hardware v. Hargis Indus., Inc. may have been limited to likelihood of confusion, but the United States Supreme Court didn’t limit its ruling to just this issue, and the federal courts have followed suit. Read on to find out how B&B Hardware has been extended to prevent relitigation of other issues and find out some practical tips for practitioners.
It’s been seven years since the United States Supreme Court decided B&B Hardware v. Hargis Indus., Inc., holding that issue preclusion can prevent relitigation in the federal courts of issues raised at the Trademark Trial and Appeal Board. Have the federal courts embraced this directive on likelihood of confusion, and how should practitioners proceed?