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Applying B&B Hardware to Issues Before the Federal Courts: Likelihood of Confusion—Part 1

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?

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