Join us for an informative webinar that will provide practical guidance on the impact of B&B Hardware v. Hargis, Indus. to trademark enforcement strategy.
In B&B Hardware, the Supreme Court held that a court should give preclusive effect to TTAB decisions if the ordinary elements of issue preclusion are met. Whether these elements are met in a case based on likelihood of confusion will be determined by the extent to which the TTAB considered evidence of the actual marketplace in making its likelihood of confusion determination. This has important consequences for trademark enforcement strategy. Because a TTAB decision may be found preclusive of later infringement litigation, a would-be trademark opposer should carefully consider whether to file the opposition at all, and, if the opposer does choose to file, what type of evidence to present.
Topics will include:
- What did the Supreme Court decide in B&B Hardware?
- When will TTAB likelihood of confusion decisions be preclusive in later infringement litigation?
- When should you introduce evidence of marketplace usage in a TTAB proceeding?
- What should you be thinking about as a TTAB plaintiff?
- What should you be thinking about as a TTAB defendant?
- How have district courts interpreted B&B Hardware?
- How does B&B Hardware affect the choice between court and the TTAB in the first instance?
CLE credit is not available for on-demand viewing.
There is no charge to attend; however, you must register in advance.
Questions? Contact Lindsey Merek at lindsey.merek@FaegreBD.com or +1 317 237 1289.