With over 60% of India's consumption requirements being met through imports, which could rise further, there are concerns of vegetable oils going the petroleum products way.
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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?